Appeal in HC
Dharmesh
(Querist) 30 January 2017
This query is : Resolved
Hello , after battling for 4 years I have been awarded RCR and my wife's petition of divorce was rejected basis no grounds . However she has gone for appeal in HC with same reasons .
My daughter is 7yrs and wife is not giving me clear access . Daughter used to come home for almost 3 yrs but now since past one year she is under constant threat or pressure supervision. Neither is my wife telling me about her schooling though filed in Family court . What should I do to further also to know about her schooling.
Madhava Rao Gorrepati
(Expert) 31 January 2017
Dear Dharmesh, without the mutual trust and love there cannot be cohabitation between spouses. when wife was not willing to join and wants separation it is better to concede her desire. even if she complies the court order if she does not consent for sexual intercourse what is the meaning of that marriage. i sincerely suggest to you to concede her demand for divorce on condition of her accepting your desire to have access to your daughter during her minority. she too may concede your demand. you provide all care to your daughter. give her good education. may be this would make your realise her mistake in future and if you still love her she may join you. if goes for second marriage daughter would be ours.
Rajendra K Goyal
(Expert) 31 January 2017
Restitution of conjugal rights orders are just paper tiger.
If mutual trust has finished it is better to agree for divorce.
You can file case for custody of your child.
Dharmesh
(Querist) 04 February 2017
Very recently I come to know that she is staying with a stranger and that too with my daughter along . She has hidden this fact frm me and also lied in court that she stays with her parents . She is also not telling me about the schooling of my daughter and I suppose because all facts are hidden in the school details . She does not know that I have found these facts . How should I approach legally , can I get my child's custody . Also where my child stays after school hours is unknown because she comes back frm home only after office hours .
Dharmesh
(Querist) 04 February 2017
Very recently I come to know that she is staying with a stranger and that too with my daughter along . She has hidden this fact frm me and also lied in court that she stays with her parents . She is also not telling me about the schooling of my daughter and I suppose because all facts are hidden in the school details . She does not know that I have found these facts . How should I approach legally , can I get my child's custody . Also where my child stays after school hours is unknown because she comes back frm home only after office hours .
Guest
(Expert) 04 February 2017
Mr. Dharmesh,
What is the source of your knowledge about her living with some stranger? If you know why insist for RCR, why not use that source to get strong evidence to help you getting divorce on the ground of adultery of wife?
Rajendra K Goyal
(Expert) 04 February 2017
You can engage a detective agency to reveal fats and gather proofs.
Dharmesh
(Querist) 04 February 2017
I have the proof , in fact biggest proof is that she is hiding schools name and says she stays with her parents . However luckily I found the school and my daughter's photo on its website . Distance wise it is impossible for the child to travel from the school to her parents place . All is hidden in the school form details . Details like address , fathers name , family photo .
How do I approach the school , can I do directly or seek courts permission and then ask legally.
Dharmesh
(Querist) 04 February 2017
I have the proof , in fact biggest proof is that she is hiding schools name and says she stays with her parents . However luckily I found the school and my daughter's photo on its website . Distance wise it is impossible for the child to travel from the school to her parents place . All is hidden in the school form details . Details like address , fathers name , family photo .
How do I approach the school , can I do directly or seek courts permission and then ask legally.
RCR was way back in 2012 where I got decree in June 2016 . I come to know about she living with stranger just about a month back .
Dharmesh
(Querist) 07 February 2017
Can any one help me with knowing more about GWOP or any section law where I can ask for total custody .
Dharmesh
(Querist) 24 February 2017
I have filed case for custody of my 7 year daughter . I know she stays with another man and have all details . Wife is also not telling me child's school name and has also not filed reply to my petition . We had two counseling sessions where she refuses to tell me school name . Also in front of counselor she said that she is staying g with her parents which is false .I know everything but don't have official proof , how should I go about it .
Dharmesh
(Querist) 28 February 2017
Request for a advice on the above matter as written...
