UdayAP (Trainer) 22 December 2010

HELP

Hi,

After going through an hell of experience with my wife, who had also attempted to give away my son to somebody in my absence preparing an adoption deed and all. And now that she is missing again for the last 4 months. I want to know.

1. I have filed for the Permanent Custody of my two minor kids(Girl and a boy), (Section 25) what is the time frame to get the decree confirmed for it. As the both the kids are with me. From the time she has left and I was able to get back my son from the people she had given him to, offcourse with the help from police.

2. While I am waiting for the decree to be declared for permanent custody, can I go ahead and file for a divorce from her, keeping in mind that she had destroyed all my documents, related to our marriage, my education, my job everything. Before she left 4 months back, so that I can go no where. We are not staying together for the last 1 year.

Please Guide.

Uday

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2 Replies

Adv Archana Deshmukh (Practicing Advocate) 22 December 2010

You can file for divorce on the ground of cruelty.

B.N.Rajamohamed (advocate / commissioner of oaths) 25 December 2010

Dear Uday,

You can file a case for divorce. Regarding your case for custody of your child, it will be concluded only after the evidence of both the parties and arguments are concluded. There is a time frame in the code of civil procedure to conclude a case within 6 months from the date of filing the written statement by the respondnent but it is impracticable.