Custody

Samanth kumar (Querist) 18 August 2015 This query is : Resolved
Dear experts good evening ,. My friend facing a big problem. He married in 2006. He is a doctor, wife is govt lecturer. After 3 years of marriage they blessed with a son. From the beginning wife is cruel minded, she never cook, she scolds every day parents of husband. 6 years completed, no change in her. He purchased a flat and registered on wife name. On one day wife quarreled a lot and told husband , this is my flat "get out". He went to hotel room, came home on next day. She won't open the door. after 5 times, he started living separately in a rented house. Failed mediation by relatives. After 6 months he filed divorce case in family court. Wife taken summons but absent to court. After repeated absence of wife, judge given exparte divorce. Son is with mother. Now he is filed for custody of kid, now also she is not attending to court. Judge orderd publication in local news paper. Next court is on 1-9-15. Publication also finished last weak. In this case also wife absent to court repeatedly court will give exparte custody ? Or not ?

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SAINATH DEVALLA (Expert) 18 August 2015

Ex parte orders can affect custody and are issued by a judge on an emergency basis according to evidence supplied by one parent only. To be successful, you must convince the court that there is a real threat of danger or bodily harm to your child, and that waiting until your spouse has a chance to respond and participate might increase this threat. Very few aspects of a divorce have this sense of urgency, and most requests to change custody do not meet the requirements to be resolved on an ex parte basis. However, in cases where your spouse has demonstrated an intent to harm or disappear with your child, an ex parte order may be necessary to prevent these actions from occurring.

Rajendra K Goyal (Expert) 18 August 2015
In the given facts, court may proceed ex-party. Prey the court for the same.

Guest (Expert) 18 August 2015
How and In What way A "Prey" would be Connected With The Court.

Guest (Expert) 18 August 2015
"Prey" is an Animal Hunted by Other Animals For Food In the Forests.

SAINATH DEVALLA (Expert) 18 August 2015
Pray (prayer) to the hon'court,means requesting the hon'court for ex partee decree.

Samanth kumar (Querist) 18 August 2015
Thank you sirs.
If court given exparte custody, how to take the kid from the lady ? She always quarreling mood, shouting a lot by using filthy language in front of neighbors . Taking police help or taking men , which step is safe? Please reply