|Originally posted by : Khan
||Hello Lawyers and FRIENDS!
I am appearing as Party in Person, for my child custody against my ex-wife adelterous.
- I need a sample Chife Affidavit.
-I could not attend the court when it was for issues, do I need to get ciopy of the issues? If so from where? C.A Section?
- I divorced the b*tch in Jan-2017 by way of declaring Talaq, can I now file 497 against her paramour?
- The b*tch is determined to keep the boy, but the welfare of the boy is with me as she is not educated, no money, bad morals , live sin slums ignores the boys medical needs i have all proofs....is it advisable to file few cases against her? and her family to build pressure?
Please dont orget sample chief affidavit plz email firstname.lastname@example.org
By the time you try to figure out how to send notice for cross examination of your wife. Your child would have grown up. You can refer anil kumble case or javagal srinath case if you want. They both fought custody cases.
Here time limit is 18 years. Don’t know how old your boy is. And things move very slow, actually they wont move at all. Judges discourage Party in person. They and the advocates work hand in glove just to make sure that you get fed up of the whole system or simply give up fighting or would want to make you hire a advocate to fight your so called custody case.
Even I began like you some 17 years back. Now I am a Lawyer myself.
You need to have deep understanding of how court works and how laws are to fight a case.
Its not just about filing affidavit. 99% is procedural in Indian courts. By the time you even try to get visitation rights, it might be 5 years from now. Who knows what story your dear ex wife will tell your son, and your son also should feel the need to meet you etc. marriage works smoothly, then children, relations all go smoothly. You cant expect smoothness in life with broken marriage.
I suggest you hire a advocate to get visitation rights for the boy. Slowly develop bond with kid, once kid is 5 years above, make him say that he wants to stay with you, than his mother. Chances are court might give custody to you. This method will be help you get custody easily.
If you are tired and find it impossible to get custody, fight case, better give up now itself. Just ensure kid gets money and is growing well. You find solace somewhere else. Adoption might be an option, remarriage also is another option, surrogate mother is another option. For anything, you act and decide quick. Your marriage over long time back, and you still pondering in court hall asking here how to prepare affidavit. Time is running, decide fast. Child, etc look good when small, not grown up.