Advocate Joemon Kunnath

Questions Answered by Advocate Joemon Kunnath

Q: How to apply for divorce an get child custody when wife does not agree

Need to know my options to apply for divorce and child custody. Married for 14 years with 3 kids. Wife has taken the kids and moved in with her parents along with the children about 2.5 years ago. No contact at all since then. Access to children have been cut too. All negotiation by family and elders have failed as she is not willing to cooperate. They have made false allegations and put a MC case. What options do I have to contact the kids and file for divorce? I am overseas and she is in India since moving out. Thank you.

Advocate Joemon Kunnath answered
You can move the concerned Family Court for getting custody of your children. The court will pass orders considering the welfare of the children. Further you can also move the court for dissolution of the marriage on the grounds of cruelty and desertion. Pertaining to M.C, I assume it is for maintenance. If so, you are liable to maintain your children. As for wife, if she is not earning and is living separately with justifiable reason, you have to maintain her also. Of course, you can contest the case if there are sufficient grounds and also on the quantum of maintenance.

Q: What amount of compensation can wife demand while divorcing husband?

I want to know how much we ask for compensation approximately? Our entire gold is with him around 70 paven.My sis living with him last 1 1/2 year.now dey applied divorce case in kannur.outside court we meet each other.dey r ready to give 2lakh +gold.we can't accept it.he have no rsn for divorce after councilling held by court in thrissur.our next mediation case in ernamkulam high court.In mediation how much v can demand bcoz my sister is jobless.his family is upper middle class family.he is wrking in it company in bglr around 1 .3 lakh salary.his parents r teachers.

Advocate Joemon Kunnath answered
Compensation, alimony or maintenance is something which varies from case to case. We cannot suggest an amount without having the entire details of the case and the actual financial status of the parties. After all where a mediation is concerned, it is the amount admitted by both the parties.

Q: How long does a divorce approval take what is the procedure

Hi; I am married for three years and we have a son who is one and half year old. Ours was christian arranged marriage. My husband was a business man in dubai and currently he is jailed in uae for last 10 months(cheque issues) . At time of marriage; spouse family lied enough to my family that they are high class buisness family and the proposed boy is great buisness man in dubai. My family fixed this marriage and gave the dowry also. But after marriage i realised he and his family is in great debt and hiding a lot from me . When i asked about the dowry and financial status they dont give proper answer and always lie to me. Now he is jailed my dad is carrying out our living expenses (mine & son). And am staging in my own family as he is make any call to me instead call his parents. Am nt sure what to do. I am a house wife (29). This marriage was builed with lies and the man i married is tottaly irresponsible. He dont care about us. Thank you

Advocate Joemon Kunnath answered
You may file a petition for either nullity of marriage or for dissolution of marriage depending on the evidence you have. If the other party is also willing for divorce, you can go by mutual consent which will talk only 6 months. As for a contested case it may take 2-3 years depending on which court you file the petition. You may call me if you need further clarification.