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engineer222 (none)     11 January 2012

Pwdva

can husband file PWDVA against the wife?

1) wife deserted husband and went to USA

2) wifes parents took away children forcefully and now children live with wifes parents

3) husband filed for Congigual rights and as wife is in usa, she is not attending the court.

4) can husband file DV against wife, wife's parents?\

5) can i file child rights case against the wife's prents - because they are not allowing father to meet the children and teaching wrong things about father to childre.

thanks



Learning

 4 Replies

Arvind Singh Chauhan (advocate)     11 January 2012

2. You can file FIR against them.

3.Court will proceed expartee.

4. No at all.

5.You can apply for guardianship in court.

engineer222 (none)     11 January 2012

"" 2. You can file FIR against them.

 

 

 

3.Court will proceed expartee.

4. No at all.

 

5.You can apply for guardianship in court.


2. if i file FIR then what will happen, will police go to their house and get the children and ggive to  me or what will happen??

3. when will court proceed expartee, 5 times wife did not attend the court, after how many absenties by wife  will court proceed expartee? ; do i need to file any thing from my side in court for initiating expartee , ; do I need to post a newspaper add asking wife to attend the court??

5. how to apply for gaurdianship ? what forms, i need to fill, do i need advocate or can i do it my self?

thanks for your replies.



independent (xyz)     12 January 2012

Married in Feb'2007. Wife went to her parents in jul'2007. Since then she is staying with her parents. In feb'2008 We had a baby. Her father threatened me then. Lodged FIR with Asst Sup Police against father in law. In 2010 I filed for Conjugal rights. and then she counterfiled with u/section 24 & 26 for alimony and then PWDV. these cases are pending with court. now I would like to go for divorce. please advise me on

1. how to file for divorce? is it advisable to file now or should wait? can I get divorce or not on Separation ground?

2. is there any chance of 498a? how to avoid arrestation, in case?

3. wife is computer literated and done mba from SMU. do i need to pay alimony at all?

4. can I get the custody of the child?

rajiv_lodha (zz)     12 January 2012

1. how to file for divorce? is it advisable to file now or should wait? can I get divorce or not on Separation ground? >>>>> Filing divorce is ur personal call. Shortlist the "Grounds to Seek Divorce" in ur case. Arm urself 2 prove ur facts in div. petition beforehand!

2. is there any chance of 498a? how to avoid arrestation, in case?

>>>>>> Sure, chances of 498a are there......read 498a survival guide

3. wife is computer literated and done mba from SMU. do i need to pay alimony at all? 4. can I get the custody of the child?

>>>>>>> Better find proof of her monthly income these days. U have to pay for child maint only.


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