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pradeep (self)     30 May 2014

Advise needed for divorce, custody

Urgent suggestion required. Got acquittal in 307 & 498A cases and in the judgment it is observed the case is motivated either for withdrawal of criminal case or depressed mental condition of complainant.

Filed separate Divorce , Guardian OPs for two children aged at 8 & 10 years on March,2013. IA has been filed for the visitation rights ( physical Threat, further filing of false cases mentioned to avoid going to wife's place)

For all of them counters has been filed after availing several adjournments. Arguments are over for IA.The children are brought to court once.The judge is reluctant to issue any orders on IA and saying that he will proceed for the main OPs. Given about 6 hearings for the last 2 months. 

Transfer petitions filed by wife dismissed in the District court and caveats has been file by me at HC and their lawyer is saying that they will file appeal before HC for transfer but ,till date i have not received any notice.

Inlaws are using the children as their only weapon to send her back and I am frightening with that idea.Can I file for expedite trail under 21B of HMA at Andhra Pradesh HC & which kind of case has to be filed. What are chances for getting favorable orders or even if  I got + ve orders , what will be the FC judge reaction. General Public opinion is that  the judge is very slow and disposing anything. Please advise me to get speedy trail.



Learning

 8 Replies

498A_fighter (NA)     30 May 2014

pradeep,

congrats on your acquittal from 498A.it looks you are from hyderabad.would like to share, how many years it took for 498A to get closed?

1 Like

pradeep (self)     30 May 2014

I  & my entire family gone through the agonizing trail for 2 years.The EX & her family filed transfer petitions at District court, HC and got delayed the trail.The electronic & print  media tormented our lives and  they forced took the custody of children. Still they are trying to send her back by force and delaying the divorce & custody Cases. 

Adv Archana Deshmukh (Practicing Advocate)     31 May 2014

These are delay tactics. You can persue the main petition instead of wasting time for order on interim application.

1 Like

Gautam Kapoor (IT professional Studying Law)     31 May 2014

Archana Madam has aptly replied .

Again,Pradeep congrats ..you should also advertise your lawyers name and number for the benefit of the other harassed clan.Im sure he will not be saddened.

1 Like

T. Kalaiselvan, Advocate (Advocate)     01 June 2014

As rightly opined by learned Advocate Ms. Archana, you should now concentrate on the main petition for divorce and should put pressure before the family court by bringing the dilatory tactics adopted by the other side  to the knowledge of court and request for expeditious trial.  However, it depends on the judge of the family court and his discretion.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 June 2014

Persue main petition vigorously and yes, you may try 21B of HMA for good recourse.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Gautam Kapoor (IT professional Studying Law)     03 June 2014

Pradeep thanks for thanking me... you should also thank your lawyer by advertising him in the LCI bench strength of  274,591 ... .. please do the honours and don't be a selfish 498 sufferer.. The gentleman deserves a round off applause,, not only for fighting the case honeslty but also to keep to keep his honesty intact...

Gautam Kapoor will stand his TOUT atleast in this forum for justice

Gautam Kapoor (IT professional Studying Law)     03 June 2014

yes he is from Hyd. Pradeep Garu daya chese mee lawyer name inka number prakatinchandhi. Cheers.


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