Wife filed divorce
2 years ago
My wife filed divorce on me in chennai family court and it is going to complete 2 years (even mediation is yet to complete).
I filed visitation rights wherein i was granted the visitation for two girl children (10 and 7 years old )on every sunday.
I would like to drag the case as iam not willing to do MCD.
My questions :
What if the case is disposed by court at the same time she is not willing to join ?
what will happen to my visitation if the main o.p is disposed by the court ?
is it necessary to file the GWOP though i was granted with visitation at this stage ?
(As iam staying alone, can't take full custody).
Thanks.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.1- She can not be forced. You can then file case of divorce on her based on court order.
2- Court will give some final order regarding visitation rights, custody. Since one girl is 10 yrs then court will ask her choice to choose you or mother.
3- no need if you dont want custody.
2- Court will give some final order regarding visitation rights, custody. Since one girl is 10 yrs then court will ask her choice to choose you or mother.
3- no need if you dont want custody.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.यदि आप तलाक की याचिका मे उपश्थीत होकर परवी नही करना चाहते है।तब कोर्ट आपके विरूध विवाह विछेद की डिक्री पारित कर सकता है।अर्थात आपकी पत्नी को आपके विरूध तलाक दे दिया जायगा।रही बात बेटियो से मिलने की इस पर भी कोर्ट आपके विरूध अपना फैसला सुना सकती हैं।कयोंकि आप कोर्ट के समक्ष अपनी संजीदगी नही दिखा रहे हैं।यदि आपको बेटियो से मिलने की इच्छा होती तो आप कोर्ट मे अपना पक्ष मजबूत तरीके से रखते।
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A.Hi,
You cannot do anything if your wife is unwilling to join the case you have to seek a divorce since it is a contested divorce. Therefore, you can get an ex parte decree if your wife is absent from the proceedings. As far as visitation rights are considered, disposing of the original petition will not necessarily affect your rights but if your divorce is granted in absence of your wife then you should seek orders related to your visitation rights. If you do not want custody rights then you do not need to file a petition under the Guardianship and Wards Act.
If you find this answer helpful please rate my answer. Thank you.
You cannot do anything if your wife is unwilling to join the case you have to seek a divorce since it is a contested divorce. Therefore, you can get an ex parte decree if your wife is absent from the proceedings. As far as visitation rights are considered, disposing of the original petition will not necessarily affect your rights but if your divorce is granted in absence of your wife then you should seek orders related to your visitation rights. If you do not want custody rights then you do not need to file a petition under the Guardianship and Wards Act.
If you find this answer helpful please rate my answer. Thank you.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You won't be able to do anything if your wife refuses to be present so you will have to file to continue a disputed divorce. As a result, if your wife is not present during the trial, you may obtain an ex parte injunction. In terms of visitation rights, dismissing the original petition would not necessarily affect your rights, but if your divorce is granted in the absence of your wife, you should request visitation rights orders. You do not need to file a petition under the Guardianship and Wards Act if you do not want custody rights.
If you find this answer helpful please rate my answer. Thank you.
You won't be able to do anything if your wife refuses to be present so you will have to file to continue a disputed divorce. As a result, if your wife is not present during the trial, you may obtain an ex parte injunction. In terms of visitation rights, dismissing the original petition would not necessarily affect your rights, but if your divorce is granted in the absence of your wife, you should request visitation rights orders. You do not need to file a petition under the Guardianship and Wards Act if you do not want custody rights.
If you find this answer helpful please rate my answer. Thank you.
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A.Dear Sir,
What if the case is disposed by court at the same time she is not willing to join ?
Ans; You cannot do anything except seeking divorce
what will happen to my visitation if the main o.p is disposed by the court ?
Ans; Some orders will be passed
is it necessary to file the GWOP though i was granted with visitation at this stage ?
Ans; Not necessary.
What if the case is disposed by court at the same time she is not willing to join ?
Ans; You cannot do anything except seeking divorce
what will happen to my visitation if the main o.p is disposed by the court ?
Ans; Some orders will be passed
is it necessary to file the GWOP though i was granted with visitation at this stage ?
Ans; Not necessary.
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