Advocate Jayaraj K P

Questions Answered by Advocate Jayaraj K P

Q: I am in the edge of divorce. I m mother of 2 kids(boy 6 yrs and girl 4 yrs). I want to come out of m

I am in the edge of divorce. I m mother of 2 kids(boy 6 yrs and girl 4 yrs). I want to come out of my marriage but I want my children to stay with me. I dont have any objection on their father visiting them. But only in my presence. And i don\'t want to send them to their father\'s house. I had gone through depression because of marital issues and he had that certificate. So he is blackmailing me he wont give me child custody. What is the possibility i can get full custody of my children?

Advocate Jayaraj K P answered
You can file a petition for divorce as well as petition for permenant custody of children. you can consent in mediation to give visitation rights to husband..if he brings issue of depression you can argue that it was due to cruelty on the part of husband towards children and you.. hence you can also argue that giving custody of children will jeopardise their future, health and education.. because your husband treated children cruelly..

Q: Hi Sir,\n\nI have been married for 7 years with a 4-year-old son. There have been many issues in our

Hi Sir,\n\nI have been married for 7 years with a 4-year-old son. There have been many issues in our relationship and we went to many counselors for help. My husband is not ready to make any changes as per what the counselors suggested but blames me for the marriage failing. Now he wants mutual divorce. He threatened me saying if I don\'t agree, he will file contested which will be traumatic. What should I do? I don\'t want to divorce him but try and work this out for our daughter\'s sake.

Advocate Jayaraj K P answered
you file petition for restitution of conjugal rights. you also file petition restraining him from committing domestic violence.. seek counselling through court.. then things wil slowly change.. there should also be restraint from your side.. seek and take instructions from hus regarding family matters...

Q: Child visitation .. Divorce filed by husband... He filed an injection

My husband filed a divorce petition. He is an alcoholic. He used to quarrel with me and ill treat with me physically and mentally. I have 2 children. A boy and a girl aged 11 and 5 years respectively. They are now with my husband. He filed an injection order against me. I want to see my children.

Advocate Jayaraj K P answered
you can file petition for child custody and to declare your self as guardian of children. alleging his cruelty both against you and your children.. you can also aver that future of children will be adversely affected if the custody of children are given to husband and that it may affect their health and education..

Q: Execution of Mutual divorce after settlement

After a settlement divorce decree the husband promised to transfer the own property of wife. In the agreement there is no clause who will meet the expenses of transferring the said property. My question is..... who will spend the money to transferring the said property?

Advocate Jayaraj K P answered
usually it is the person who gets property who has to spend for property registration. but as per agreement between parties the executant can also bear the expenses.. since this a settlement between husband and wife the husband shuld bear the expenses..

Q: Divorce case separate in family courts

My husband has filed a divorce petition in family court Hyderabad; I left him in 2020 due to his abuse and I’m with my parents in ernakulam \nCan I file a separate divorce petition in ernakulam under cruelty and for return of gold and dowry?

Advocate Jayaraj K P answered
You can file seperate petition for divorce against your husband alleging cruelty against him. you can also file criminal complaint against him regarding the cruelty meted against you.You can file petition for transfer of the divorce petition filed by your husband at hyderbad to ernakulam and file your objection in the above case.you can also file petitions claiming maintenence and gold ornaments or cash taken by him from you at time of marriage or after..