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Need Advise (def)     27 September 2014

Divorce filed by wife.. need help

My humble respect to all.
 
My wife has filed divorce in Korkurdooma court on ground of cruelty, neglect and desertion. All these allegations are false.
 
We got married in 2003 and stayed together till 2008. We have a son who is now 8 years old. At the time of delivery of the baby, I suspect she developed some disorder. Later she started picking up quarrels unnecessarily and finally left matrimonial home in  2008 on the pretext of attending brother's marriage.
 
She stays in New Delhi with our baby and filed case recently. She works but her financial status is not as good as mine. I tried my level best for reunion and moved from Bangalore to Delhi for reunion. I used to visit in between trying to resolve issue. Also I used to send money and deposited money for son. I want to contest. Also, I want custody of son. Who can draft a good response for the volumnous though fabricated and exaggerated allegations she has made.


Learning

 7 Replies

Tajobsindia (Senior Partner )     27 September 2014

@ Author,


1. Search for Advocate in LCI Lawyers Search box and/or personally at KKD Court Complex talking in details with several seasoned Advocates (found via reference too) and after all due diligence hire h/er servcies to represent you in defending wife's allegations.


[Last reply]

Need Advise (def)     27 September 2014

Dr J C Vashista (Advocate)     27 September 2014

Contest the case tooth and nail, there is no dearth of local advocates practising  in Delhi Courts, however, it depends upon yourself for confiding with whom you can have faith for pursuing your case(s), which you will have  to search and  hand over the brief.

Custody of the child can also be sought through the same lawyer/Court.

Need Advise (def)     27 September 2014

Thank you so much to both of you. I will like to know if I will get the custody of my son. He stayed all along with her. Also, do I have to pay maintenance to her. Yes, to my son I am ready to pay but why should I pay to her. She is trying to prove desertion, cruelty and negligence wherein the case was exactly opposite.

Will a complication lead to DV against me? Also, if I contest what are the chances that divorce will not be granted?

Anand Bali Adv. (Advocate Solicitor & Consultant)     27 September 2014

Dear Client,

From last some years it has been observed that there is a hick in misuse of the woman protection Acts which are in fact made for their safety and not for them to be misused. On this issue and seeing the very less conviction rate at the time of the Judgement  SC has directed Police deptt. not to take any harsh step unless there is a court order for the same.

You can have our services for the drafting and further litigation representation on your behalf.

Custody of the child is a matter of his well being and so Judges see the welfare of child is as of prime importance while deciding the custody matters.

There are good chances that you can get the custody of child as he has crossed 7 years and having much proper reasons and prospects to live under father's custody. We are in Delhi only you can contact us any time.

T. Kalaiselvan, Advocate (Advocate)     03 October 2014

You can make search for lawyers in Delhi through LCI base itself, there are no dearth for lawyers .

Need Advise (def)     14 December 2014

I finally found a lawyer based on friend's recommendations. Thanks everybody for your advise. My advocate has advised me not to go for responding to the petition immediately. Instead, we will request for mediation. 

We are also filing an application/ petition for child visitation. (I am not sure if it will be an application or petition). But my lawyer is saying that my application/ petition will not be heard immediately. I have to wait till I reply to my wife's petition. The other way is to talk to the mediator to help for the visitation.

 

My question, in these circumstances where instead of replying to the petition I am going for mediation, how can I go for visitation application that is taken up on priority by the judge. I want the court to hear my application/ petition and grant visitation on my next hearing which is due in some days.


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