Advocate Shweta Kulkarni

Questions Answered by Advocate Shweta Kulkarni (25+ answers)

Q: Procedure to get child custody & how to get visitation rights as a father quickly

Hi, Can I please get some advise on how to proceed with child custody and what are the documents needed as per the current court process to file for child custody and to obtain visitation rights quickly from the court. Me and my wife are separated for 8 months now and she is not allowing me to meet my kid. tell me what are the child visitation rights for fathers in india

Advocate Shweta Kulkarni answered
If the child is residing with your wife for over a long period then u have to file child customs in tht place where the child is ordinarily residing . All your address proof to establish your residence And if the child was going to school at your residence,, then all docs pertaining to school ..

Q: Procedure in case husband sent legal notice for divorce.

I am hindu religion... i got arraneged marriage its 5 years tat i got married.. from the day 1 of my married life was very worst... my in laws n husband started insulting me for each n every small issues.. my husband n my inlaws physically and mentally tortured me a lot.. i have a 3 n half year old son.. my husband doesnt even cares my son.. he uses vulgar words to hurt me.. after all these i stayed thr for my son sake.. now 2 months back my mother in law only sent me to my moms place. After one week i called them to ask wen to come back she n my husband r now telling i dont want you n i dont want to c ur face n they scolded me in bad words.. now he has sent me divorce notice from the court i dont know wat to do. I have a small kid.. pls sir/madam guide me wat to do.. m totally blank

Advocate Shweta Kulkarni answered
HelloIf the divorce notice has been already sent to you then you will have to go and attend to the respective court where you are called upon to attend and thereafter u have to engage a counsel to undertake your case and then file objections for all the contentions that he has raised in divorce petition.

Q: Grant of maintenance by court when the wife is a working woman

She can claim maintenance under section 125 and also in DV and section 24 though both are working , will she be granted in any of these??

Advocate Shweta Kulkarni answered
Yes definitely she can claim maintenance under any of the provisions you stated above But Court is at discretionary power to grant or not to grant the maintenance depending upon each facts and circumstances of the case.So you have prove if accordingly , in whatever favours you right

Q: Ex parte order of conjugal rights stop husband's petition for divorce

My husband filed divorce case it's running now but i field rcr and husband ever accepted the summon so after paper publication i got expartee order on my favour. I don't like to divoce. People are saying rcr expartee is of no use. .If that is of no use then why there will be such order. Will this expartee order help me in stoping my husband'sdivorce

Advocate Shweta Kulkarni answered
Hello Exparte RCR order in your favour is very well and good This shows your intention before court that how serious you are to be in the company of your husband ...Now make and application alone with the RCR ORDER and produce in the court where divorce proceedings are carried out .. It may b helpful and there are chances of divorce case to b dismissed also

Q: Wife filed false case and asking for divorce and child custody

Wife left matrimonial home with the child without consent. She filed false allegations and asking divorce, money and child custody. Who will get custody of the child when the judge comes to know that they are false allegations. Kindly please respond.

Advocate Shweta Kulkarni answered
HelloFirst you need to file objections to the divorce petition and in that objection you have to specifically deny the allegations which are falsely stated and then add your part of contentions in order to contest the case .About the custody of child , it depends upon the merit of the case Paramount consideration here is welfare of the child ! Therefore the judge would decide the case solely on the merits of the case for which u need to file objections ..