Legal Question in Family Law in India
Hello Gurus -
A brief case background about the case -
Location - India
Due to extreme mental torture and harassment and after repeated tries to be with the husband, wife has almost given up and stays with her parents. The husband, a year ago, had filed RCR and also claimed child custody. After a year long court proceedings, the child custody has been ruled in favor of the wife with visitation rights for the husband. All of a sudden the husband had withdrew the RCR now.
During the past year, the wife and her parents also moved into a new address.
Questions -
1. What is the best known legal way of reporting the address change to the Husband, so that the husband does not use this to his advantage in any future steps that he might take.
2. Is applying an RCR a general preceding act for applying for divorce? Clearly there is no strong case in favor of the husband to claim the divorce in the first place.
3. As far as the verdict of the child custody goes, is there a time duration for this verdict to be in effect? Can the husband file another case for the child custody in a higher court(I assume he can). The child is less than 5 years old.
4. The husband and wife currently reside in two different states in India. If the husband applies for a divorce in his state, what are the possibilities for the wife to request the case to be transfered to her state as both the husband and wife have a full time job and dealing with the case in another state is exhausting (as the wife had experienced in with the RCR case)
Apologies for this long post. Would really appreciate your expert advice on this.
1 Answer from Attorneys
Answers right below your questions!
1. What is the best known legal way of reporting the address change to the Husband, so that the husband does not use this to his advantage in any future steps that he might take.
Answer: Send a registered legal notice and keep the acknowledgment.
2. Is applying an RCR a general preceding act for applying for divorce? Clearly there is no strong case in favor of the husband to claim the divorce in the first place.
Answer: That would depend on petition contents.
3. As far as the verdict of the child custody goes, is there a time duration for this verdict to be in effect? Can the husband file another case for the child custody in a higher court(I assume he can). The child is less than 5 years old.
Answer: Any order is valid until stayed or reversed in higher courts.
4. The husband and wife currently reside in two different states in India. If the husband applies for a divorce in his state, what are the possibilities for the wife to request the case to be transfered to her state as both the husband and wife have a full time job and dealing with the case in another state is exhausting (as the wife had experienced in with the RCR case)
Answer: Husband can file case only where marriage was solemnized or where both lived together. You can ask for transfer if the petition is filed clearly to harass you.
S.Seshadri
Chennai Phones:98403 20808 /28515229
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