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sandy (official)     05 September 2014


Hello every body, Please advice/guide

My wife had filed DV case in 2011and it is still going on, then I went for sec 9 RCR and Child Custody. In Sec 9 RCR my wife refused  to stay with me and after taking her statement on record I have withdrawn the RCR petition.

In child custody case my wife has been ordered by the honorable judge to bring our child to court room. Now I have following queries : -

1. Can I go for divorce as my wife has given statement in court that she will never reside with me ? How can it effect DV proceedings?

2. What should I take care off while meeting my son in courtroom.

3. There are chances of my wife avoiding my son's visit to courtroom by  producing some fake documents such as medical certificate etc, How should I react to that or what legal action can
I opt for.


Thank YOU


 3 Replies

Tajobsindia (Senior Partner )     06 September 2014

1. May be you may try 'desertion' as ground to seek divorce from her and may bring into record her old statement in a RCR case. In DV proceedings same statement certified copy can be made part of proceedings. 

2. Make required entries in visitation - meeting register, if the visitation ordered for you then donot bring others to court room, no photography, packed eatables with expiry date should only be given to minor, gift(s) can be brought to give to minor, act like monkey initially and after gaining trust of natural mother for the visitation period only then play like father with your minor, always remember Indian courts r/w natural mother who has custody of minor makes the minor turn into major to derive any worthwhile visitation by non-custodial parent hence always keep patience and leave rejections in hands of ld. Judge until you know how actually custody battles for minor children of parties are fought in Indian Courts. 

3. Challenge authenticity r/w need of  such medicals by filing appropriate protest Application under S. 151 CPC to call for medical doctor for examination who is making such reports. Also indirectly project to concerned Court that in custody of natural mother the minor of parties is more prone to such medicals if minor had been in your custody which is worth probing by ld. Judge. Thus seek compensatory additional time Ordered for next court visitation date in favour of you.

sandy (official)     06 September 2014

thanks a lot for the response

My main cause of concern at this moment is , should I go ahead with DIVORCE on the basis of RCR judgement with DV CASE STILL GOING ON, and Will  there be any effect of my DIVORCE case on DV case filed by my wife.

sandy (official)     06 September 2014

please guide...........

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