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A Chaudhary (.)     19 July 2018

wife taken away the custody of children

I have family dispute with my wife and there are number of cases pending in court including divorce, dowry, child custody, etc.

Last year court forced to unite with wife and put cases on sine die.

but recently wife again left house after quarell and taken away both the minor children with her aged 8 & 10 years.

Earlier custody was with me.

what should I do now court ordered also to pay the school fees also which is beyond my capacity.


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 5 Replies

A Chaudhary (.)     20 July 2018

MARRIAGE IS NOW NEW WAY TO EXTORT MONEY FROM HUSBAND EVEN SUPEREME COURT UNDERSTAND THAT IT IS LEGAL TERRORISM. BUT STILL WOMEN ORIENTATED LAWS ARE MAKING THINGS WORST.

EVEN IF HUSBAND EARNS IN THOUSANDS BUT WIFE WANTS TO SETTLE IN CRORES, HOW MONEY HAVE DISTROY MORAL AND SOCIAL NORMS.

ANYWAY THANKS FOR YOUR RESPONSE.

Anita Verma (Lawyer)     20 July 2018

Yes I can understand the pain of male society which is suffering more due to amemendement in laws in recent years which are women oriented. 

Be strong at difficult time & understand the Judiciary power & its flaws so take multiple steps together with the revival of all sine die cases and act on fresh cause of action with the advice of experienced lawyer.

For any particular advice pl message.

Advocate Anita Verma

AV Legal Alliance

Vijay Raj Mahajan (Advocate)     20 July 2018

First of all, you should file for custody of both your children who were removed from your custody in the Family Court where the children usually reside. File the  custody of both children under the Guardians & Wards Act read with the Hindu Minority & Guardianship Act,1956.

The  divorce case that was kept on hold sine die should be reopened by moving application in the Family Court.

Let all the matrimonial disputes decided by the court.

A Chaudhary (.)     20 July 2018

here below are the more details of my case.

- Interim maintenance was decided earlier in 24 HMA.
- I withdraw divorce to add fresh cause of actions
- Arrears were due for past maintenance so she filed execution
- Court ordered to pay school fees along with old arrears
- How can court pass the order while divorced petition has been withdrawn on which Intrim maintenance order passed and same order is not adopted in 125 section.
- can I go in quashing of execution petition which filed for period after divorce petition withdrawl
- if I m not able to pay the old arrears then how can I pay hefty school fees. earlier I used to pay when children were with me so there is no application of maintenance of children earlier then how can court decide on just wife request.
- she filed 127 for amendment of maintenance but no order passed in 125 earlier so can earlier order passed in 24 HMA automatically adopted?
- how my appeal would lie in high court for the school fees and execution amount order.

pl suggest and advise

Amit   11 August 2018

Sir, can you Plz explain if Case is put on hold for reconciliation.. Is there no mou signed & if any of both Parties violates any term there is no penalty?

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