Hi, my wife left me around 7 yrs back(after 16yrs of marriage) post i found her involve in adultery. we have 2 sons. I tried for 2 years, to have minimal impact on sons, but one day, my in-laws asked my sons also to leave their house. Than I filed divorce based upon adultery. Took my sons with me, but in 4 months my wife took my younger son who was 4 that point of time and filed 498, Dowry and other falls allegations. Just before lockdown my younger son also came to me and still with me, got admission here. Both the sons who are 15yrs and 8yrs are with me and wanna live with me. Last year same time, she agreed for mutual and filed. But she has not withdrawal 498. later, in June this year, she denied for mutual and opened again all the cases. - Can i have domestic partner/live in/girlfriend living with me.. - Can i apeal is supreme court to get divorce case resolved quicker as it is 5 years now i filed case. -Can my sons has any right to file apeal to stay with me and stop their mother filing cases to harasse us. - As she live in another city and all cases are filed there, can i ask to transfer all cases at my place or can do virtual hearing as elder one is in 10th. - She is well educated MA/MBA and living alone for 3 years almost, still does she has right to ask for alimony. Will appreciate if can get guidance on all the above points.
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You can have discreet affair
2) don’t have live in relationship
3) you cannot appeal to SC for expediting hearing
4) wife guilty of adultery is not entitled to any maintenance or alimony
5) cases would not be transferred to your city .convenience of wufe is taken into account
6) you can request for virtual hearing
Dear client, I am sorry to hear that.
1. The simple answer to your 1st query is yes you can live with another woman, untill you get divorce, you can enter into any such relationship. However, in your case it might go against you if your wife proves that you are living with another woman and everything was your fault.
2. Moreover, an appeal can be made only when the judgement is passed and not otherwise.
3.A minor cannot sue by himself nor can he be sued without being represented by someone else. This someone else is called a "next friend" when the minor is the plaintiff in an action, and is called a "guardian ad litem" when the minor is a defendant.
4.yes, you can ask to transfer your case.
5.if she is not earning then she can ask for alimony or maintenance.
You cannot file any petition before supreme court to get the case disposed at the earliest.
You can file a petition before high court seeking its direction to the trial court to dispose the case expeditiously.
Neither your children nor anyone can prevent her from filing false cases against you.
If you want to nullify them then you may have to challenge the same in the trial courts accordingly.
You cannot get the criminal cases transferred to your place for conducting them at one place neither the cases can be heard in virtual mode in view of the pandemic situation came to an end.
If she is unemployed and having no income to sustain her expenses she will be eligible for maintenance/alimony.
If you plan to have a relationship with another female without marrying her then there is no law restricting you to do the same, but then, it is for this reason that you are seeking divorce against her, hence this may impact your divorce case.
1. You can have relationship even if you have not been divorced but that will weaken your divorce case in which you are alleging adultry committed by your wife but if you yourself are doing it, it would have consequences on the case.
2. You can approach HC via writ of mandamus but chances of success are meagre.
3. No
4. Yes. You can file a transfer petition in SC on the said grounds.
5. If you are able to prove her adultery, then she cannot claim any maintenance amount from you.
You can have a domestic partner
You can request HC for the same to speed up the case in family court
For transfer of cases from another city approach HC if another state that SC
