Lawyerment Discussion Forum
The Malaysian Law Discussion Forum for All
Forum Home | Sign In | Sign Up | Search | Help | Lawyerment HomePost a New Message | Reply this Thread | Printer

Home / Malaysia Family & Estate Planning Law / Marriage & Divorce Law
marriage & divorce law
it's unfair

New Messagemarriage & divorce law (modified 0 times) ram63
i've been married for past 19 years. having three kids, 18, 12 and 9. misunderstanding and arguments do happen frequently between me and my wife. tried my best to overcome these problems but unable to solve. she use to abandoned me during the school holidays. going back to her mother's house with the kids.never called or let the kids speak to me during that time. not bothered. infact nothing serious happened but she's was purposely hurting me by leaving me alone. since i'm disable and working as a teacher, i had terrible moments for many many times taking care of myself alone.
finally, after suspecting me having an affair with another girl, she brought some unknown people to beat me up in my own house.but luckily, my friends helped me and i lodge a report because they were threatining and wanted to kill me. she embarrased me in front of all by using vulgar words.
the next day i hired a lawyer and wanting to divorce her since she's a danger to me.
the lawyer called her up but she didn't respon.
i attended the biro twice but she didn't turn up.
she's not letting me to see or talk to my kids and hiding them away.
can i file up a case or summon them in the court for thier behaviour of trying to hurt me on that day?
can she demand any compensation?
can i get the custody for my kids?

please help me......thanks.

09 Sep, 2008 10:36:27

New MessageRE:marriage & divorce law (modified 0 times) shri
Hi Ram,


You say that you have engaged a lawyer - hasn't your lawyer been advising you?

My concern obviously is that you should not be getting conflicting advice - which will inevitably lead to confusion on your part.

In summary then:

Custody of the kids - may be a problem since you say you are disabled. The court will want to know how you will manage the kids - leave alone take care of them.You would have a better chance of getting proper visitation times. The 18 year old is old enough to make a decision whether to stay with you or your wife.

suing people for causing you harm involves several challenges. you will need to prove to the court the following - did they hurt you? what damages did you suffer? can you positively identify these people? can you prove your wife's involvement in all this? have you witnesses? what did the police do? was anyone charged in respect of the assault?

the marriage tribunal (or biro as you call it) doesn't need your wife's attendance. If she doesn't attend, they can still grant a certificate stating that they were not able to resolve the problem. and you need that certificate if you wish to file a contested divorce.

I can't really advise you any further without further info from you, and really i don't feel that it is right for me to advise you when you have already got lawyers on record. I suggest you go back to your lawyers with these questions, and they will be able to advise you.

regards,

muhendaran.sri@gmail.com

23 Sep, 2008 11:08:08


Post a New Message | Reply this Thread | Printer | Forward
All times are MYT


Copyright © 1999-2007 Lawyerment.com. All rights reserved

Privacy Policy | Terms Of Use | Contact | About Us | Advertising Opportunities | Press | Add URL | Submit Article | Contributors
Disclaimer - Please Read Carefully

These Bulletin Board pages are intended as a public service primarily to allow non-lawyers and lawyers to share experiences and opinions with other non-lawyers and lawyers. They are NOT intended to be a source of advertising, solicitation, legal advice, self-promotion or disparagement. Lawyerment assumes absolutely no responsibility for postings or their content. Visitors may post questions, comments and replies without prior review by Lawyerment, but we reserve the right to delete any postings (in whole or in part) for any reason at any time.
However, the fact that a posting remains on site NEVER means that it has been approved or endorsed by Lawyerment. By making a posting you are agreeing that the material you post becomes the property of Lawyerment. Lawyerment is a unit of Magnificent Communication. Visitors should exercise great caution when reading this (or any other) Bulletin Board. Be aware that those who post messages may not be who they claim to be. Never to rely on any advice in legal matters except from an attorney you have retained to represent you and your interests. To locate and retain an attorney we suggest you visit our Lawyerment Lawyers' Directory.
Click here to visit Lawyerment.com.my for 1000's of answers to legal questions. Please read our Privacy Policy and Disclaimer & Conditions Of Use.
Copyright © 1999-2007 Lawyerment.com. All rights reserved