Divorce & child custoy
Sundram N
(Querist) 14 August 2013
This query is : Resolved
Dear Sir(s),
kindly give your expert veiw and advise in the below circumstances :-
When i refused to fulfill her greed and her parent, wife is such type of lady who used antisocial person in conspiracy with her parent on me and i sustained myself but by god grace, i am living. i want to give 100% all expences of my children but i want to live without such type of lady.
circumstances is that, final charge sheet is filed in my favour but session court rejected my bail. i am going before patana high court. some of my freinds who are practising in patana high court are saying that high court always insist on husbnad to compromise with such wife. in view of such tendency of high court, i want to file two seperate case firstly divorce and secondly child custody. our hounarable panel expert of the club already gave view that children custody can not be given to me but i am trying to pray on educational ground of children.
kindly suggest before filing of bail petition in high court, it is favourable time to file divorce in court where i am residing in west bengal about 14 years and wife is now a days residing with her parent in back two years in Bihar where she file all the weapon case before the court.
Devajyoti Barman
(Expert) 14 August 2013
When the wife has filed 498A case against you then I do not think there would be more opportune moment for you than this ti file divorce suit.
Do not make too many presumptions. Apply for Bail in HC u/s 439 crpc. I do not see why it should not be allowed.
In any case supreme court is always there.
Raj Kumar Makkad
(Expert) 14 August 2013
You can definitely file divorce petition against her on the basis of desertion as well as on the ground of cruelty.
prabhakar singh
(Expert) 14 August 2013
1.seek bail.
2.file divorce.
3.apply for child custody.
4.contest 498a if it comes your way.
5.Divorce can be filed in calcutta but she may get transferred to BIHAR at place of her residence District.
