Legal Question in Family Law in India
action to be taken
m wife deserted me and filed for divorce with 2 kids on cruelty charges i have filed for custody of kids, restoration of conjugal rights and opposing divorce. she has left me high and dry as in comparison she is very rich and she has all the property on her name even though i have contributed to it and most of it has been brought after marriage.
what should be my stratergy to fight the case as i need dferent opinions.she had filed the case in bandra family court and says she will shift it to delhi as she is presently residing there, but we got married in mumbai and i live in mumbai, is it possible?
5 Answers from Attorneys
Re: action to be taken
Already replied
Re: action to be taken
For suggesting strategy,the details are required to be minutely examined.You are required to contact with details.However she can get the case transfered but that does not depend on her mersy only.For transfer she has to state grounds and reason for transfer.It is only Supreme court who has power to transfer the case from one state to another state and if she files any transfer case then you will get every opportunity to oppose the transfer.In case of need contact with details.Professional charges are applicable.
Re: action to be taken
A perusal of the petition filed by your wife for divorce and the petition filed by you for restitution of conjugal rights and child custody is necessary. For further assistance visit http://rajendran.parameswaran.googlepages.com
Re: action to be taken
The property matter is to be raked in a civil court; you can file a suit for partition and possession of your share in the court where the property is situated.
in divorce, much will depends upon the grounds taken by her in petition. if the incidents of cruelty mentioned by her can be proved against you, divorce is likely to be granted.
there is hardly any case for restitution of conjugal rights.
you have not mentioned the age of kids; custody will depend upon kids' age, qualification and financial status of both theparties.
you may send me a copy of divorce petition filed by your wife for more appropriate opinion. NO CHARGES.
Re: action to be taken
yup its possible but you oppose it and it may not be transferred
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