Hello Everyone.
I need advice and some clarity on the following.My wife filed for divorce about a year and a half ago in her hometown which is hyderabad after three years of separation.I am in Mumbai..On recieving the summons i visited hyderabad on the first date.The judge took us for reconciliation individually.I told the judge that i do not want divorce and i am ready and willing to take her back anytime.My children i.e.my daughter is ten years old and son is 4 years old and with her and i want them back too.After meeting my wife then,the judge called me in her cabin in front of my wife and said that your wife is unwilling to come,so you file your counter to her divorce petition in a month and we will go ahead with the case.I said fine and went away.On the next day i filed my counter and also filed for child custody.Prior to her filing for divorce i had tried my level best to ask her to come back by making several trips/emails/sms's but in vain.On recieveing my counter to her divorce and my child custody case,the judge clubbed both the cases together on one date.On that date i went and attended and the judge asked my wife whether she is willing to give the children and she said no.The judge asked my wife to then file her counter to my child custody case.On the next date my wife came to court and file her affidavit with evidence(Chief examination affidavit) for divorce.The judge did not accept it and returned her divorce affidavit and told her to file it in the next date along with her counter to my child custody case.Then the wife took many adjournments and after months filed the same divorce affidavit and her counter to my child custody case.After recieving the child custody counter from the wife the judge then asked wife to file her affidavit for my child custody case also.Wife came on the next date and argued with then judge saying the two cases cannot be clubbed together and it is my husband's responsibility to file affidavit and not me since he has filed for custody.The judge got very furious and told her to file her child custody affidavit on the next date or else she will dismiss wife's divorce petition.After that wife took 4 to 5 adjournments and one day the judge got very angry and told wife that if in the next 30 days she doesnt file child custody affidavit,she will 100%dismiss wife's divorce petition.On the next date my lawyers asked for my name change to be incorporated in the court records as it had changed earlier.The judge asked us to file an amendment petition and the judge forgot to ask the wife for her child custody affidavit and the judge's focuss shifter to out amendment pettion.Now after filing our amendment petition,the judge asked the wife to file her counter to my name change and last week my wife filed her objection to my name change saying it should remain the old name.Now the next date is kept for arguement.My question is that once my amendment is allowed,the nest date it will go back to my wife to file her child custody affidavit.Will she be given dates and furthur adjournments to file that as prior to our amendment petition she was unable to file it for months.Will she be given again time to file it?If she isnt given time then what is the next step the court may do if she doesnt file her child custody affidavit.Kindly enlighten me on these 2 queries of mine.
Regards,
Raajeev Sampat.
