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Kishore Malhotra (Govt Job)     09 November 2014

Contested divorce

Respected Experts,

There is a case in my family of my younger brother described below :-

Working in Para Mil Org...married in Mar 2007....two kids out of wedlock...relation broke up when my brother attempted suicide in Oct 2013 due to continuous harassment by his wife...rather to assist  her husband in that crucial situation....she deserted alongwith kids and valuables with her brothers who plotted all these by giving a false complaint in nearby police station that my brother has beaten her.......This is the story in short...Thereafter ...we went to the Sarpanch Gram Panchayat to discuss the situation....but they denied to hold any such meeting...then we went to Distt Women Cell  for the solution...the other party did not appear before them and gave in writing that they will go to Court of Law.....on hearing this myself alongwith my family went to her home for a solution alongwith Village Sarpanch....but they insulted us and did not permit to meet the wife of my brother.

All above happened within one month of incident took place...

Then we consulted few lawyers and on their advice we

i) filed WP for Child custody in Nov 2013

ii) filed RCR filed in Dec 2013

iii) also continued liasion with in-laws for amicable solution for which they never ready

---She filed case for Maintenance for herself, kids alongwith litigation charges

--As regards first case of Child Custody nothing happened till date...a number of counselling and mediation have been taken place...in between we fwd an appln for visitation right which is still pending

---As regards RCR---she did not accepted summons served to her by different means..and when the case was held for expartie decision she appeared and filed reply with plenty of allegations of DV, Dowry and many others...the case again started for mediation...counselling etc...but neither she is ready for MCD nor to come back....

------We then decided to withdraw the RCR and filed for contested Divorce ...we did so in the month of Aug 2014....similarily as she did in the case of RCR...she is not accepting summons for the last three months ....

---However...when we withdraw the RCR and filed Divorce...she appeared before the court in Child Custody case and told the Honble Judge that she is ready to live with my brother if gaurantee is taken by someone from the family  that she will not be killed.

---She also asked information abt brother's salary for the last three years under RTI.  

---We could not under stand what she actually wants to do...she is simply a house wife...all her brothers are labourers...all she needed is money but no one is coming fwd for that sort of demand....We heard that she says I will ruin him....I will not let him go till death....We are in great distress since the Law has the sympathy only for women not for men....We afraid that my brother will commit the same action as he did earlier and finish his life..as seems he is in great depression.....

So Please advice how could be get out of it.....?

i) It is final..that my bro wont let her come back keeping in view her past reactions..

ii) We are ready to pay maintenace...but also come to a conclusion with pmt alimoney...for which she is not ready

iii) We also requested court to give custody of kids aged 4 and 6 years...on the basis that her family has no source of income except labours and wife also is not an employee...and moreover they have five more children aged between 2 to 10 years.  On the other hand our family has no children liability.  We are two borhters and two sisters. Sisters are married. My kids also doing crossed their teen age.  Father is no more but mother is survived and living with younger brother since the incident. But she is not ready to given children back....and court is also not taking any decision for last one year...

In view of above....please advice suitably...since I have read there are many experts who are fighting for mens..

thanking u........sirs

 



Learning

 1 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     09 November 2014

Dear, Go to high court of the concerned state asking them to issue directions to trial court for fast disposal of the cases, that will help you getting immediate releif, and so far as custody is concerned the welfare of the child is the paramount consideration and seeing the situation there I think court would he inclined to order custody,in ur favour. Adv kapil chandna, 9899011450

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