LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sunil M   03 July 2021

Case Filed U/s 9 HMA (A)

Dear Respected Sir's.

My self skumar from Karnataka I belongs to hindu family and I am graduate as I got married on 2009 arrange marriage my wife is state govt employee due to her job after marriage she was not able to get transfer to my place hence she was stayed with her parents house for 3 yrs after that I tried like anything and get her mutual transfer within my district. from my house to her work place is 52km from her work to her parents house is 22km later some travel issue and small small things in house she left my house after few months again I convinced her and brought back later in oct 2017 we had a baby boy we lived for 2yrs but my MIL and My FIL regular intervention in my family matter always they support my wife to come back and stay with child in their house as she left my house on Dec 2019 with my son that time my son age was 2.2yrs.... we had given a writing their local our cast committee president to resolve this matter but they never agree to local committee words the issue was run over almost 1 yr and the local committee failed to convince my wife and her family hence they given a letter infavore of us stating that we are failed to convince her and her family..and further u can go ahead for prociding. after she left my home I met her Jan 2020 and tried convenience her a lot to come back but she never responced and later my FIL passed away on Aug 2020 due to health issue as I waited her till Jan 2021 and filed case under section 9 HMA (A) as they also appointed lawyer till now from summons to till date she has not attended the court hearing after case filing also I met her on Mar 2021 tried to convince her but she is not responding I tried to meet my son I ask her to bring with her she never took him with her and I also tried to make vedio calls to her and her family members but no response.

P.s:- as there no case filed against me till now and she don't have any genuine reasons or issue/matters to fight against me.

my question is
1. from sommomns to till date she has not attended the court now almost 5 to 6 hearing gone wat shall I take further action on her she is state government employee any effect on my case regarding alumeny or maintenance of her or child I have property in my name any legal rights of wife and son she can claim
4.can I get joint custody of my child if yes then under which section I can apply
5. present my child age is 3.8yrs can I apply for custody of my child
4.being state government employee she leave my child her home from morning 8.30 to 4pm but my child will not get his mother care and love can I make this as ground of child custody I have applied for visitation rights for my 3.8yrs child after having visitation rights if she regularly denies to see my son also on video call even after having visitation rights in favor of me
5.if I file contempt of court on her on failing visitation rights wat punishment she will get and wat advantage I can get in terms to get my child.
6.can I file case in high court under Habeas corpus against my wife to come back.

request your valuable suggestions looking forward



 1 Replies

Manoj kumar advocate   03 July 2021

yeah you have lots of questions regarding your matrimonial dispute as far as concerned regarding Summoning of your wife , so you can move an application of order 5 rule 20 against her.
we should discuss upon your next questions in detail so you can message me then I will help you.
1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register