Legal Question in Family Law in India

Myself Hemant and i am 26 year old.Currently i am working as an engineer in BSNL. I married on 28 nov.2008 with hindu customs,After about one year of marriage I had some disputes in my married life and my wife left her matrimonial home on 24 jan.2010.When she left the house she was pregnant of about 3 months.She gave a birth to a baby girl on july 24,2010.I filed a case of section 9a in family court in may 06,2010.She has been not attending family court hearing from very first hearing,She submitted her reply via her cousin brother on first hearing in the family court.Meanwhile she filed a false case of 498a,406 and 323 in police station on aug.12,2010.I got Anticipatory bail along with my mother and sister in law.Challan in this case has been filed on Feb.18,2011.

I got ex-partee decree in 9a case, Now i want to execute this decree,My questions are as follows

1.) Can i execute this decree when 498a is pending in the other court ?

2.) I want to intimate our community's chairman & members(samajh ke panch) for my expartee decree in 9a case through lawyer so that they make pressure on my in laws family to send back my wife.Can my in laws file defamation for my this action as they can say that 498a is pending and it is lost to OBEISANCE.

3.) As my wife did not file any maintenance case in 125 crpc or 24 HMA, But i want to send some money monthly for my baby girl,How i can send this.I mean legal procedure?I want also assurance that given money should be spent on this baby girl only.

4.) I want child visitation during holidays,Can it possible where i got Anticipatory bail on term that i would not threat to other party,They may impose false allegation for threatening,How would court insure this? Is there any way to get child visitation.

I shall be highly obliged to you,

Thanks

Hemant


Asked on 3/08/11, 8:10 am

1 Answer from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

The answers are as follows ;-

1)Yes you can execute this Decree u/s 9 of HMA .

2) They should not file anything against you and i am not using cannot. ( people do file false cases )

3) Show your bonafides that you still love your wife and daughter despite being framed in a criminal case by her. You can send the money through Money order or deposit the money in her bank account through your bank account. Atleast you'll have a proof that you have been paying money to her without any order from the Court.

4) You can file a case before the court for custody and visitation .

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Answered on 3/16/11, 4:05 am


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