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Interim custody

Page no : 2

Adv Archana Deshmukh (Practicing Advocate)     05 May 2013

Also there is no point in getting scared that she would be making allegations. Wait and watch till the exact defence comes out from your wife's side and till that time work upon keeping good relations with your child so that the child wud be reluctant to speak ill about you in the court. Though your child may or may not speak good but she won't speak ill of you if you have healthy relations with her or even disprove the allegations of your wife by making statements in your favor.

Anonycity_101 (Consultant)     05 May 2013

Archanaji, thanks for taking time to reply - much appreciate that.

Madam, I am kind of confused. She is supposed to come to the court and attend the hearing right? Does she need to file a response to my petition? If she does, a logical question anyone can ask is: if you are not happy and have allegations against your husband why didn't you seek divorce or other kinds of legal recourse? - am I right with my train of thought? Pls correct me. What validity or role will her response have on the case?

She is unlikely to seek RCR. She doesn't even want to avail residential rights - I told her, I respect her rights (we are married for long time - I don't disrespect her or mean  harm to her) but she just doesn't want to come here and claim maintenance now.

What is WS?

Adv Archana Deshmukh (Practicing Advocate)     05 May 2013

WS means Written Statement.
Your wife will file her written statement to your petition i.e. her reply to your petition. Keep your mind cool and go thru your petition and her reply when it comes. All your logic and reasoning will be considered at the time of evidence, first of all let her come up with her defence, have some patience. How facts are to be used in your favor and how they can be used to discredit the opposite party would depend upon the whole facts and circumstances and cannot be said on the basis of some little info you give on the forum.

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Anonycity_101 (Consultant)     05 May 2013

I understand what you say. You have a way of gauging the person you are interacting with.

Patience and keeping cool is something I need to work upon - I agree with you.

Thanks for your time and insights. God bless you!

Adv Archana Deshmukh (Practicing Advocate)     05 May 2013

No offence intended Mr Chandra, but such cases can be handled only with a cool and stable mind. I can understand a litigant's way of thinking, his confusions about the laws and procedures and impatience to go into the next stage of the case. Getting confused or becoming impatient will not do any good. It may only lead you to commit some mistake. One has to keep patience till the other party open its cards and then decide the stratagy to combat the same otherwise it wud be just speculative and nothing else.

Anyway this was my last post to your thread.

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Anonycity_101 (Consultant)     05 May 2013

No offence taken madam. I totally agree with you and appreciate your views.

Adv k . mahesh (advocate)     07 May 2013

now what is the stage have you filed for interim custody of you child and what is the result 

thus your wife responded to it 

Anonycity_101 (Consultant)     07 May 2013

we prepared the custody petition but decided to wait till the next hearing on divorce this month before filing it. we are thinking about raising the issue of not having access to my child with the judge with the hope that he might give me relief in the matter(that way we can avoid filing another petition). 

Do you think it is a good idea?

Adv k . mahesh (advocate)     07 May 2013

thus there is no schools and how is the standard of schools at the place were your wife is staying becuase even judge can question that 

make you pay maintenance for the child and she will join the child near her place of stay if there is better schools like were you stay 

Anonycity_101 (Consultant)     07 May 2013

obviously the standards of schools where she is staying is not better than it is here - even judge will agree to that. if she is willing to come to my place along with the child for the child to continue education, I am fine with it. 

I don't want to avoid paying maintenace - her right. All I want is a fairness in allowing access to my child which she is not willing to give even at the cost of losing maintenance, getting reprimanded by judge(call her a stupid woman and I will have to agree)

I was hoping that judge will reprimand her and issue an order for her to give me access to my child. If she doesn't comply I will raise this as a contempt of court. do you think it will work?

Adv k . mahesh (advocate)     07 May 2013

without any order you cannot presume that judge will do this or that 

other than your place she may opt for better standard of living and school for the child 

so when you file the petition for child custody try to anlyze all this aspects you said that she is staying .....

she may give petition other than what you had given option and will get that order and will stay in that place 

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