Case: Wife left home and went to stay at her fathers house in January this year. My two year old son is staying with me since then. After two months, in March, I received a notice for child custody. Me and elders from my family tried talking to her and her family but she was adamant for divorce. In May, I received notice for divorce filed by her.
Now both the cases - divorce and child custody - which were filed by my wife have been withdrawn by her. The child custody case was withdrawn today.
Here is how the things went:
1. 1st date (March 2013) - Wife came to court. I spoke to my wife in court premises but she was adamant and wanted divorce. Her family threatened to file police case.
2. 2nd date - Wife came to court. We filed a reply. We countered all her allegations with proofs. Judge tried to mediate in his chamber but my wife remained stubborn.
3. 3rd date - Wife did not come to court. A 3rd new lawyer filed wakalatnama. Her lawyer did not file a replication.
4. 4th date - A 4th new lawyer filed wakalatnama. Her lawyer did not file replication. They got one month to file.
5. 5th date - Wife did not come to court. Her lawyer did not file replication. Judge gave three months to file.
6. 6th date (31 August 2013) - Wife did not come to court. Her lawyer filed replication. They also filed an application under section 151 to withdraw the custody case with liberty to file fresh case. We objected to liberty part. The judge was not convinced by their reasons, said they can do a simple withdrawal of case without liberty. Next date of hearing was fixed for November.
When I read the replication, I was shocked to see so many new allegations - of the dirtiest, meanest and cheapest kind - which were not there in her first notice.
5th September - I received a notice on that my wife has filed application under section 151 again for simple withdrawal of case. Date of hearing was today.
7. 7th date (07 September 2013) - Wife did not come to court. Her lawyer filed application on her behalf. We agreed to simple withdrawal of case. Case was dismissed as withdrawn.
After the hearing, her lawyer (4th lawyer she changed) told mine that she came to him through some mutual person thinking that he will fight her case for free. When her lawyer asked for fees she complained to that mutual person about the fees. This is after the fact that she earns about 90 thousand a month and has about 10 lakh in her PPF as admitted in her replies in court.
1. 1st date - My lawyer asked more time to file our reply. Got 3 weeks to file reply.
2. 2nd date - Wife did not come to court. We went with our reply. We came to know that wife had withdrawn her divorce petition two weeks back (one week after first hearing) on technical grounds with liberty to file fresh petition. Court did not send us any notice and decided the case ex parte and gave her the liberty.
3. We challenged the decision in High Court but our case was dismissed.
I am thinking of challenging the "liberty to file fresh case" part in Supreme Court, if it is beneficial to me in any way. Will decide in a few days.
In spite of repeated legal notices from me she has not come to collect her articles. Her lawyer come to collect her car and took it one month back. Will keep sending her notice to collect her articles.
She has not responded to any of my phone calls, emails, or sms during last six months when i requested her to sort out the issues and live together as a family. Once she spoke to my mother about two months back as my mother called from a new number which my wife did not have. The conversation was most uncivil and she said many abusive and hateful things to my mother, cut the call in between and did not pick the phone after that. I sent an sms to her yesterday that I will talk to her today when she comes to court but she never came.
From the date i have received the notice of child custody, every day I pray to God that, that day never come when custody is given to my wife and I will be able to meet my son only for a few days in a month. My son is my life and I can not live without him. I am sure my wife will file these cases again after some time. Till then at least I can relax and enjoy life with my son without any hassle of lawyers and court cases.