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Raajeev Sampat. (Self employed.)     10 September 2012

Family law.

In my case wife has filed for divorce and i have filed for child custody after her filing for divorce.Both are separate o.p.'s.The judge has finally given wife a last date to submit her child custody affadavit which she has been taking dates from the past many months.The judge has told her that if she doesnt submit it on the next date she will dismiss her divorce petition.My question is that if the wife's divorce case is dismissed that what happens to my child custody application.What would be the next step in my child custody application if her divorce petition is dismissed?


 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (     10 September 2012

I don't understand if both the divorce & child custody cases are different OPs (Original Petitions) then why in case of failure to file affidavit in child custody matter, her divorce petition can be dismissed. In my opinion that cannot be done if the both the trials have been clubbed together. The Judge can at best grant child custody case in your favour. 


Adv. Bharat Chugh

Raajeev Sampat. (Self employed.)     10 September 2012

She filed for divorce and i filed my counter.With my counter i also on that day filed my child custody application.On seeing both the cases the judge on the next date clubbed both the cases together despite them being separate o.p.'s.She then did not file a reply to my counter and came to court to file the chief examination affadavit for divorce.The judge refused to accept it and said to her that since you have filed for divorce first and then he filed for custody,i want you to submit this present divorce affadavit with your counter to his child custody on the next date.She came next date and filed the same divorce affadavit and  her child custody counter.The judge then asked her to file a child custody affadavit also to which she has been avoiding to fle from the past many months.The judge on the last date fired her and gave her a last and final date in october on humanitarian grounds to file her child custody affadavit and verbally told her that in on that final date if she doesnt file it she will dismiss her divorce petition.My point is that even if the judge dismisses her divorce petition on the next date what will happen to my child custody application.Does that also automatically get awarded to me or there is a procedure in that.Please advise.


Dear Friend

You cant take chiled custody without consect of your wife untill compleation of 5 years of child age. You have not disclose this fact here.

Child ciustody and divorce case are different matter. You have to suit case for child custody.

Raajeev Sampat. (Self employed.)     11 September 2012

My daughter is 10 years old and son is 4 years old.I have been actively maintaining them emotionally and financially with them being with the wife.

munmun das (manager)     03 April 2013


due to some family problem i want to divorce from my husband..but my hasbend not willing to give me mutual divore.. we are separated last 1 husband filed RCR agenst me..this is the second marriage of my our marriage registration time he can not tick his divorce information at our marriage registration/ notice...My question is our marriage is valid or not ? can i file fraud case or nullity  case  agenst my husband ? can i got divorce from my husband ? if yes how long time i'm witing for that ....... plz reply me

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