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Rahul shri (Engineer)     29 September 2016

Divorce case & not able to approach kid

I am working in chennai & my ex she working in bangalore. By making a drama she filed a divorce in her native place on Jan 2015 after then she absconded. Also abandoned my 5 yrs old kid to her mother who is now maintaining the kid & he is schooling there. I filed a counter to her divorce petition denying all her allegations. At present case is in enquiry stage.Further till date she not even appear single time before the court. Earlier upto initial hearing her lawyer used to represent and now for enquiry no representation from her side. I thought of filling an memo stating for her appearance or to dismiss her petition. Can any one suggest what to do next??? Further i am not able to approach my son & every time when i go her mother used to abuse a lot & she is not allowing the kid to me... I there any prob or kidnab case..if i take my kid away. I thought the case will be dismiss in few months. Then i dont have any case to bother..then go straight and take the kid..It will work.. Can anyone please suggest...?? Also i cannot able to create an domicile proof for my son on that location. Because her mother she is refusing all my gifts sending it to my son & recently i try to get bonafide certificate thru his school but they also refuse to give stating that no records made out for the father during his initial registration so if i want any certificate my ex has to accompany me else they told they cannot provide...Can any suggest how to made out an identity for my son in his present location...Please suggest


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 16 Replies

A walk alone (-)     29 September 2016

You can file a case of custody/visiting rights for son under GWA Section 7 & HMA Section 26.
1 Like

(Guest)
Grandmother has no right to keep the child's custody. As a father, you can certainly take your son whenever you want, unless a court order prevents you from doing so (e.g. injunction, custody order).
1 Like

Rahul shri (Engineer)     30 September 2016

ok sir thanks for your reply...

Further please suggest what to do next on my divorce case..

Presently the case in the Enquiry stage & last 5 hearings no representation from her side..shall i file a memo mentioning the case histroy & ask court to dipose the case..??

i came to know my Ex is leading an adulturious life in bangalore & no one knows her whereabouts..how to identify this matter..

That guy is also maried & his family is in salem & has 3 kids..intially he applied fo divorce but the case got disposed & there is legal seperation b/w them..

If i file want to file an adultery against him or my ex What are the valid proof that court will accept for an adultery apart from video/audio evidences..

 

 

Sachin (N.A)     30 September 2016

If your divorce case is pending you should  file application u/s 26 of HMA  in your divorce proceedings for temporary custody or visitation rights for your child 

1 Like

Rahul shri (Engineer)     30 September 2016

Originally posted by : Sachin
If your divorce case is pending you should  file application u/s 26 of HMA  in your divorce proceedings for temporary custody or visitation rights for your child 

Thanks for your reply...

My divorce case is filed in Rasipuram, Taluk...Whether i am able to file an application u/s 26 of HMA in the same court or i have to file the application in the Namakkal district court only..

Also next 6 months i cannot able to take leave on weak days..Is it possible to state this matter to court & ask to arrange for weak end discussions on child visitation..

Please suggest 

 

 

Sachin (N.A)     30 September 2016

Dear Rahul,

Application u/s 26 of HMA is to be filed in same court during proceedings of divorce case.

First let the judge allow you to grant visitation rights after that on next date ask for change of time, time can be changed any time as per the convinience of both the parties. First focus only on visitation rights.

2 Like

Rahul shri (Engineer)     30 September 2016

i came to know my Ex is leading an adulturious life in bangalore & no one knows her whereabouts..how to identify this matter..

That guy is also maried & his family is in salem & has 3 kids..intially he applied fo divorce but the case got disposed & there is legal seperation b/w them..

If i file want to file an adultery against him or my ex What are the valid proof that court will accept for an adultery apart from video/audio evidences..

Also suggest me apart from proving adultery what are the other ground to get divorce. Apart from divorce case i dont have any other police cases like 498A/DV..Please suggest how to get divorce 

 

Sachin (N.A)     30 September 2016

Dear Rahul,

Reality is that it is very difficult to prove adultery without oudio/video recording or photographs. You either have to arrange that with the help of detective.

And as you said that she is already having affair, ask her to mutually settle the case or you will drag her and her boyfriend in court.

1 Like

(Guest)

Don't worry about her. Worry about yourself and your son. You already said you don't have vacations much. Why do you want to pursue proving her adulterous relationship? Looks like you yourself don't know it for sure or at least don't have any evidence. Let her rot wherever she is. Mark my words -- people like that will never be happy for long. As for your child, I suggest you also file OP under Guardians and Wards, get it exparte (will be given since she is out of contact). Use the order to simply take possession of child. 

1 Like

Rahul shri (Engineer)     01 October 2016

Originally posted by : Venkat
Don't worry about her. Worry about yourself and your son. You already said you don't have vacations much. Why do you want to pursue proving her adulterous relationship? Looks like you yourself don't know it for sure or at least don't have any evidence. Let her rot wherever she is. Mark my words -- people like that will never be happy for long. As for your child, I suggest you also file OP under Guardians and Wards, get it exparte (will be given since she is out of contact). Use the order to simply take possession of child. 

Thanks for your reply..sir..

Because of that reason..she neither coming to the court nor approachable. Divorce case also likely to get disposed because of ex-parte. Again i have to apply for divorce & child custody. How tto proceed 

Sachin (N.A)     01 October 2016

Originally posted by : Rahul shri



Originally posted by : Venkat



Don't worry about her. Worry about yourself and your son. You already said you don't have vacations much. Why do you want to pursue proving her adulterous relationship? Looks like you yourself don't know it for sure or at least don't have any evidence. Let her rot wherever she is. Mark my words -- people like that will never be happy for long. As for your child, I suggest you also file OP under Guardians and Wards, get it exparte (will be given since she is out of contact). Use the order to simply take possession of child. 





Thanks for your reply..sir..

Because of that reason..she neither coming to the court nor approachable. Divorce case also likely to get disposed because of ex-parte. Again i have to apply for divorce & child custody. How tto proceed 

 

First take visitation rights under 26 of HMA and don't let the divorce case decide because relief under 26 HMA is applicable till the pendency of case and also file case of Guardianship Act

1 Like

Sachin (N.A)     01 October 2016

Originally posted by : Rahul shri
i came to know my Ex is leading an adulturious life in bangalore 

 

Moslty ladies have extramarital during divorce proceedings I myself have seen many girls having affair with their lawyers also . You only focus on your child and your life.

1 Like

Rahul shri (Engineer)     01 October 2016

Originally posted by : Sachin



Originally posted by : Rahul shri






Originally posted by : Venkat



Don't worry about her. Worry about yourself and your son. You already said you don't have vacations much. Why do you want to pursue proving her adulterous relationship? Looks like you yourself don't know it for sure or at least don't have any evidence. Let her rot wherever she is. Mark my words -- people like that will never be happy for long. As for your child, I suggest you also file OP under Guardians and Wards, get it exparte (will be given since she is out of contact). Use the order to simply take possession of child. 





Thanks for your reply..sir..

Because of that reason..she neither coming to the court nor approachable. Divorce case also likely to get disposed because of ex-parte. Again i have to apply for divorce & child custody. How tto proceed 





 

First take visitation rights under 26 of HMA and don't let the divorce case decide because relief under 26 HMA is applicable till the pendency of case and also file case of Guardianship Act

Thanks for your reply sir,

after visitation whether i have to apply GWOP in the district court or in the same taluk court 

Sachin (N.A)     01 October 2016

Originally posted by : Rahul shri



after visitation whether i have to apply GWOP in the district court or in the same taluk court 

Dear friend,

You have to file case under guardianship act because relief of 26 HMA is applicable till pendency of the divorce case.

So, first take relief of sec 26 HMA

Then file guardianship act case with interim relief of visitation rights.

Hope it helps.....


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