Can i file divorce case

Dear Querist

my opinion on your queries are as under:

i) whether petitions filed by me are appropriate..? If not what Should I do..? I frankly tell u that I can not live with my wife anymore...but need my children back...

OPinion: petition for custody of children are appropriate but when you are not in the situation to live with her then I don't think so that section 9 will be better for you.

 

ii) We approached all the concrned agencies/peoples to sort out the matter out of court..but they did not ready for this..however.they did not allow my kids and wife to see me..

Opinion: when you are not ready to live with her then no need to think about her and think about your children only.

 

iii) Wheter I would be able to get back my kids..their age are 3 and 6 respectively.

Opinion: file an interim application under section 12 of GWA for interim relief for visitation right and get the order from the court for visit your children.

 

Feel free to Call

filing divorce case will be better if decided by you to not to live with her

Respected Sir,

 

i) She was deserted on 26 Oct 13. When she was called at Women Cell , she did not appear snf simply fwd an application stating that she had filed a case under Section 125 of CrPC on 07 Nov 13 for which no summons recd till date. We have also filed a case under Section 9 for rcr in anticipation of bail on being arrestested. Now about two months have passed. Please advice..whether we should withdraw case of Section 9 of RCR , which is yet to be heard ..and file fresh petition of Divorce...

ii) If we file Divorce case.....and on receiving summons, she file case of 498/DV etc thereaftger, what will be the impact...Whether court order immediate arrest on receipt of petition by my wife.

in DV or Maintenance case there is no provision for arresting, so no need to worry, if you have finaly decided about the divorce then withdraw the section 9 petition and file fresh petition for divorce. feel free to call

in DV or Maintenance case there is no provision for arresting, so no need to worry, if you have finaly decided about the divorce then withdraw the section 9 petition and file fresh petition for divorce. feel free to call

I think Mr. Qureshi has properly answered all your questions. One final thing is if you had decided to throw her out of your life, why did you file a case for restitution of conjugal rights?, like she filed a case only as per her requirement,i.e., maintenance and domestic violence cases, where  in both the cases she can claim maintenance amount, so her ulterior motive is to extort money from you, whereas you have not acted as per your situation, i.e., you have narrated to have been meted out with physical as well as mental cruelties by her and finally deserted you, it means you should have actually filed a divorce case only and not to call her back, however even now it depends on how you push through, i.e., whether withdrawing the RCR case and file a divorce case on the grounds of cruelty(?), such things are to be decided considering the ground realities.

Thanks Sir.

Please let me suggest one thing...whether marital life of less than seven years or more than 7 years matters while filing divorce petition.