Legal Question in Family Law in India
Please Advice! My wife had filed petition for divorce with family court. We have 2 children daughter aged 13 and son aged 10. Initially I contested with the only counter claim seeking custody of kids as wife was in a live-in relationship with another man. However, to avoid agony to kids we agreed to mutual consent divorce on the condition of liberal access given to husband. However, access continued to be denied. So husband withdraws consent to divorce by mutual consent as terms there-of are not being fulfilled and moreover, wife not staying at flat provided for her, but infact staying with kids at her lovers place. Just as I presented proof to court, court passed decree of divorce without second motion and without mandatory 6 months waiting period. So, now I am stuck. Kids are continously denied and it only seems such order of court has legitimised her illicit affair and exposed the kids to the immoral environment. I have applied in high court, but since many months wife is successfully avoiding service of notices, hence matter is not proceeding there.
PLEASE ADVICE:
1. What steps can I take locally to ensure I get access/custody ASAP?
2. How do I get my flat back as she is not staying there, meanwhile I am paying loan installments on it.
3. Any other suggestions are most sincerely appreciated.
Best regards and God Bless
3 Answers from Attorneys
in case your wife is not staying at the given address you may take back the possession through court. for kids, you need to file a petition for custody and meeting rights.
In a pending court case, it may be appropriate to consult your lawyer who may have access to all the pleadings and court orders.
Please consult yuor local lawyer for appropriate advice
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