Legal Question in Family Law in India

The answers to your questions are here in below for your perusal:-

1)You can file Divorce now and get an exparte decree .

2)No you need not apply for custody of your children as the children are with you.

3)Yes she can have bank locker without intimating you.

You need one year of seperation before you could file for divorce. Leaving kids and going abroad without discussing amounts to cruelty. Precaution is to make allegation rather than admitting any fact. since you already have the custody of children, you need not apply for the custody. she has quietly opened a locker account and transferred all her jewellery in that account without intimation and before going abroad with intention to permanently settle abroad, with intention to not to come back atleast before a year is also cruelty. To have a locker account she did not need to intimate otherwise.

My friend I suppose earlier also you had asked this question and I had replied to you. Never the less the answer to your questions are as follows: -

1. I'll suggest that instead of proceeding directly for a divorce try to persue her to return back immediately . If suppose she declines then go for Sec. 9 Hindu Marriage Act for RCR i.e. requesting Court to order your wife to join her matrimonial life.

The reason for the above suggestion is only that you have small kids and it is you both who have to look for the future of the children.

2. Answer to your second question is that no you dont need to go for the custod of your children.

3. Yes she can open a separate locker for her self.

FOR FURTHER DISCUSSIONS IF ANY, FEEL FREE TO CONTACT ON 09415109404 OR [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

despite the fact kids are with you, but she may claim the custody after she returns from sharjah on the pretext that she did not desert the kids rather went on a job with your consent. as you do not want to stay with her any longer, you may file a petition on the grounds of divorce and cruelty towards her own kids.