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MAgain the husband can do whatever he wants. It really depends on the individual and how adamant he is. Legally husbands are on the backfoot if the wife wants to screw up the husband.
If the lady is adamant and bold then nobody, including police can do anything. Police cannot interfere in family matters as it’s civil in nature. If the husband calls the police then she can very well ask the police to get lost and do what she wants and not fall for their pressure tactics.
She can just take the kids and leave and file a DV case to get exparte restraining order to prevent the husband from coming anywhere close to her or kids. Infact, she doesn’t even need to leave the house, she can get the exparte order to throw the husband and other male members of the family out of the house irrespective of who owns the house. You just need a good lawyer who can cook a good story. Her written affidavit itself is evidence so she doesn’t need to have any evidence.
All it takes is the female to be adamant and bold!
However the final judgement (after many years) depends on the facts and she needs to prove everything to win the case.
MIn family matters you don’t need proof, a good lawyer can get the truth out in cross examination.As per kids custody, the courts will decide based on what is best for the kids and not based on what is convenient for the parents. There are no fixed rules for this so who gets the custody dependent entirely on the facts of the case.
MHis first sentence says he got divorced 4 years back. Unfortunately in India there are so many useless lawyers like you who can’t even read the basic things.Coming to the OPs question, you can apply for a certified copy of the divorce decree and usually it takes 3 to 5 days. You can bribe someone in the court to get it the next day as well. Better go to the court where you got your divorce and catch hold of any lawyer there and ask them to help you.
MThe only thing you need to do at this point is to find a good criminal lawyer and shell out some money to get bail.MCIBIL is least of your concerns right now and it doesn’t get affected much for secured loans. Save the money you are paying in EMI and default the loan. Bank will take an year to auction your property and may give her 50% of the auction proceeds.Don’t let her take possession of the house and no matter what don’t move your parents out till bank takes possession.
Don’t let her use this house as a leverage for your divorce settlement.
