Judical separation

Querist : Anonymous (Querist) 01 November 2011 This query is : Resolved
Sir,

My wife, as per her father advice she filled a DVA against me Stating(harassment & dowry). We have an recorded Evidence of her father stating " all Jewel & rupees said in the case is not true ". I have filled HMPA on her to rejoin, but she refused before the judge all they expecting is an settlement & judicial separation. When ever I call to her mobile his father will pick up & Pressuring me to give divorce. When I asked her did u need a divorce she is telling no. Also in DVA she stated that " to prevent her from us for threatening her to give divorce" & she asked for Interim Maintenance. I dont know what is his exact idea. When DVA judge ask for a counselling in his chamber she refused for that too.
- Can I proceed the evidence is it valuable.
-In Judicial separation can a person eligible to get Remarriage.
- On what circumstances the court can avoid child visitations[male].

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ajay sethi (Expert) 01 November 2011
mere judicial separation dos not give right to remarriage . merely because you are separated does not mean that you are no longer husband and wife.

court generally awards custody to one parent and other can have child visitation rights .

if the alleagtions against you that you demanded dowry etc are flase you are at liberty to lead evidence

prabhakar singh (Expert) 01 November 2011
correctly and appropriately answered,i agree
with Mr.Sethi.

Shonee Kapoor (Expert) 01 November 2011
Dear Friend,

I am so sorry that it is happening in your family.

In DV, Use sec 21 to get visitation of the child, also HMA 26 can be used in HMA 9 (Which you filed) for visitation.

In case of any query/ help, feel free to contact the undersigned.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 01 November 2011
Shonee has rightly suggested.

Querist : Anonymous (Querist) 02 November 2011
I am very much Thankful to Mr Shonee & ajay sir. The Life which I loved Most is now I hate bcoz oh her.

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