• Caveat petition

My wife and me are not in good terms. We are living separately for past one month. She is not willing to reconcile and live together. I have a 4 year old daughter. She is with her and my wife doesn’t allow me to see or talk to her part from weekend one hour when I can meet her. Now she is sent me a caveat petition in gwop without court listing from her advocate. I want to know whether this applies for family law ? What should I do next.. I don’t want divorce her.
Asked 3 years ago in Family Law
Religion: Hindu

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7 Answers

Caveat can be filed in your case 

 

file petition seeking joint custody of your daughter 

 

seek interim visitation rights 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

  1. Caveat petition is filed by someone to get notification in case the opposite party files any kind of petition so that he/doesn't get away without sufficient notice to the other party.
  2. If she has sent the petition through the lawyer it must with intent to negotiate.
  3. You can reply to the Notice sent by her lawyer.
  4. One needs to see the documents to determine what should be the next appropriate step.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Are you sure it's a caveat petition. 

Well if so, you may just ignore it and file a petition under guardian and wards act seeking child custody and also an application in the same petition for visitation rights as an interim relief. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You don't have any other option other then to contest. If you don't want divorce file petition for restitution of congual roghts

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

 - Caveat petition is the precautionary measure taken by an individual who holds a great fear or nervousness that some of the other cases against him or her are going to be filed in the court of law related to any manner.

- if your wife has filed the caveat petition then it means that she wanted to know that if you are going to file any case against her then she may be informed for the same in advance. 

- Further, if she deny your visitation right to meet the daughter , then you can file a petition before the court for getting custody and also visitation  right . 

- Further, if you want to divorce her , then take her consent for mutual divorce which may be granted within a short period of time. 

- Further, if she refused for the mutual divorce, then file a divorce petition on the ground of cruelty and other grounds. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear client,

The caveat petition is applicable to family law cases too. The whole scenario has been unfair to you and if you still want your wife back can file a petition to the district court, for restitution of conjugal rights to bring back your wife ,under the section 9 of the Hindu Marriage Act, 1955. Under which when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied with the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Thank you.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Under Section 10 of Family Courts Act, all provisions are applicable to family Court proceedings. Caveat petition only means that if you file any case before any interim order, a will be issued  to wife and only after she appears, interim order will be issued. Such petition is effective for ninety days from the date of notice to you.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

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