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Father visitation rights when divorce is not filled
27-Jun-2023 (In Divorce Law)
I got married before 6 months in december. My wife has extra martial affairs. I caught her with whtsap chat and some phone calls. I have proofs and even she acepted and her BF also accepted.
Now she left my house and living with theirs parents and she is not agree to come back. Also
she is pregnant and september month is her delivery date.
Now i have 3 questions.
1) can i able to see and meet my child after her delivery? As divorce is not yet filed.
2) can i file RCR aginst her, as she is not agree to come. And if she does not return thn she is eligible for maintenence? Bcz she is earnings 20k per month.
3) she want their money and gift back which presented by their father during marriage. Can court gives order to me to return cash money.
4) Can i send notice to her for divorce or i file divorce case directly, bcz my marriage has completed 8 months only.
yes you can file rcr against her and also if you want to get rid of the maintenance part then you need to prove her adultery and also u can see your child after delivery but if she doesnt allow you then you file a case for custody and take visitation rights
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Adv. Brahmanand Dube
Navi Mumbai | 400+ Answers
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Hello Adv Minakshi Ovhal here
u can go through 2ways one is divorce case or other is Restitution of conjugal right case. if she is earning then you not liable for her maintenance but u have to maintain ur children. u can meet and if u will file case then u can get permission from court for meet to child. any more details advice u can call me
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Adv. Minakshi Bapu Ovhal Dakhane
Pune | 200+ Answers
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Yes first and foremost you should send her a formal legal notice for divorce because if you don’t then you won’t be eligible to file for divorce in the court. Visitation rights will be granted to you for your child once you file the application court and the same is pending in court even if she earns money today she being your wife Is entitled to maintenance so court will grant the same may be with less quantum and you have to pay her the amount towards maintenance
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Adv. Garima Anil Mehrotra
Mumbai | 700+ Answers
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