Prakash (IT Specialist) 21 February 2011

REQUIRED HELP REGARDS TO COUNSELING

Am Prakash, My wife went away from me couple of years back. I have a kid of 7.5 yrs. old. She also took my kid with her while going. I filed RCR in Pondicherry court 8 months before. My wife hasn’t responded for my petition. I also got an order favoring my prayers. Then I filed Child Custody petition. For the past couple of hearings I haven't turn-up as I was in DK. Mean while we (I and my lawyer) were waiting for her to file the counter. But this time she responded by coming to the court with her lawyer for child custody. This month on Tuesday (15th Feb. 2011) I went to the court. She didn’t come. Instead her lawyer appeared and he said to the Judge that they need counseling. The judge accepted it and gave a date on 16th Mar. 2011.

· Am not interested to get divorce or grant her a divorce. I repeated this to my lawyer several times. Are there any chances the she can ask for a divorce while counseling?
· What will happen if she asked for a divorce to the counselors?
· She is not allowing me to see the kid for the past 2 years (Since she left me). Can I request the counselors to help me in seeing the kid? Will they help me?
· What will happen to the Child custody petition which I filed, if everything turned in a different way apart from normal while counseling?

Now how this will end, does it mean that my wife is interested to come back to me? I love her a lot and I want her to be with me (along with the kid) OR will there be any other plan made by her lawyer. How should I go further, PLEASE ADVICE?

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Guest (Guest) 21 February 2011

· Am not interested to get divorce or grant her a divorce. I repeated this to my lawyer several times. Are there any chances the she can ask for a divorce while counseling?

If just by asking divorce, she will not get them. If you are not interested to give divorce, then at appropriate time, after counselling in RCR is over, you have to withdraw your RCR petition. If RCR is granted, after one year, she will be entitled to get divorce decree on the ground that the RCR decree is not complied.

· What will happen if she asked for a divorce to the counselors?
Counsellors have no power to grant divorce. Without filing divorce case, neither the husband nor wife can get divorce.
· She is not allowing me to see the kid for the past 2 years (Since she left me). Can I request the counselors to help me in seeing the kid? Will they help me?
You can put that request to counsellors. They can only try and cannot force her to do so. But once, this matter goes back to court, immediately move interim relief application seeking visitation rights during the pendency of the custody case and you will certainly get some relief.
· What will happen to the Child custody petition which I filed, if everything turned in a different way apart from normal while counseling?

Nothing much will happen. Child's welfare will be kept into consideration by the court and decide the custody of the child - whether it should be with mother or father. Even then, you will have visitation rights which will help you to satiate your fatherly emotions.