- This topic has 3 replies, 1 voice, and was last updated 11 years, 11 months ago by Anonymous.
19/08/2009 at 2:48 PM #80AnonymousGuest
I was recently divorced on Feb 27th-2009 with mutual Consent. Custody of my Son Ahaan kapur who is 3 years old was given to my ex-wife. In a weeks time (precisely on march 7th) through phone she communicated that she could not keep our son with her and she wanted me to keep the child this was not in written only verbly communicated and she did not tell me for how long i could keep our son
. I got my son from her and put him in a local play school. Three months my son was with me, but in between past one and half months from March 7th she started telling me that she wanted her son back now I told her that since now he was in school once the school is over I shall hand him over. But since my son was born majority of the care has been done by me and my parents, My ex-Wife was very least supportive in our sons upbringing, so the fatherly feeling got over me and I started finding reasons for not giving her the child as I thought her home was not condusive enough for our sons upbringing as my ex-wife had a mental phobia with light so majority of the time she used to stay in dark room and plus her father is a alcoholic, though according to our Divorce decree I can keep the child with me when ever I want for meeting purpose, In the mean time she kept contact with our son as when ever she called she would speak to ahaan and during three months she visited 2-3 times, any hows she got police on 1st July 2009 with her citing domestic violence when in actuality she just eneterd our home and walked away with our son. I did not object much after that and allowed her to take my son as she held the official papers. I did not say anything and I even apologized to her,neither I went and met my son, then on 7th august I gave a copy to the local police station and to her police station in her area of residence intimating that I shall take my son for two days for meeting purpose but she denied any access to my son. But I got a notice for Domestic Violence I need your help with this at top most priority.
19/08/2009 at 5:50 PM #786AnonymousGuest
When you already got Mutual divorce decree then no case of DVA is maintenable.
You missed opertunity to claim your son when she abandon him for months, you should have immedietly appeal for full custody.
2ndly you missed another chance to sue her for trespassing to your house,when she has no legal rights to enter your house.
Now you can appeal in court to quash her notice also sue her for misusing law and harassment.
27/08/2009 at 8:57 AM #787AnonymousGuest
Want to get some more information regarding my posting. I want to know that can my ex-wife claim any maintainence through DV from me after I have got the Divorce already done. As per divorce decree she cannot ask any form of maintainence. What is the procedure to quash her notice, as I am In delhi and she is in chandigarh. Please advice.
27/08/2009 at 11:21 AM #788AnonymousGuest
i have gone through your matter, if you have any notice from police or any authority, you reply in detail what has happened, then after there will be no case. Eventhough if only in view to harass you any litigation will be filed , you may contact, we will co-operate you and guide you.
Thanking you, Your’s wellwisher,
Adv. Ramchandra N.Kachave
http://www.jaihindlegal.com, My Nation,
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