26 July 2013
I am fighting a divorce case sec 13i (a) filed by me 3 yrs ago. Its in petitioner evidence stage, moving slow. Seeing the trends of Indian courts, there are bare minimum chances 2 get timely divorce from unwilling wife (add up appeal period also). MCD is nowhere in sight for yrs 2gather. Marriage is practically dead. Apart from this case, others are: 1) DV Act case, pending for complainant’s evidence in nxt date. IOs are in my favour already 2 yrs ago. 2) Child aged 10yrs is wid me. Wife has not demanded custody in any court, only fortnightly visitation allowed in DV interim. 3) She applied 498a+406 three yrs ago as retaliation weapon, but no FIR. She did not approach for 156 (3) etc till date. 4) I do not have im-movable property. Parents have it. Mother is co-accused in her DV case. Now I want to settle abroad, leaving the mess back. Is it possible and advisable that I shift to some other country on study visa & then PR. If yes, how to implement it with minimum damage. Remember, that wife’s attitude still is to spoil my future life if I do not take her back.
26 July 2013
Sorry, its not a matter of early hearing of cases, finishing those n then leaving. 1) Most of the advocates (both sides)+judges are happy with long dates in matrimonial cases 2) Even if boy pushes hard, contested divorce is next to impossible to take from unwilling wife. In theory u may cite sec 21B etc, but practically its truth. So, my concern is about pros & cons of leaving the country in this situation........and how to make it possible with minimum damage
27 July 2013
Thanx Nadeem & other members! Worrisome point is about my parents. Seeing them as sitting ducks in my absence, she may do some adventure in police/court.........that a) they shud reveal where their son is? b) she wil try to force living with them!
2nd concern is "whether I have 2 take anybody's permission to take my child along me abroad 2 settle sown"
28 July 2013
Thanx dear! She does not want custody at all. She has not demanded it in DV case, neither she has filed GWA in past 3 yrs. Can DV case or any new case (she may file after she comes 2 know about my departure) harm my parents?