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Madhu   24 July 2016

Child visitation

My husband deserted me and new born baby immediately after birth of the baby, he went to court to file a divorce case on basis of cruelty (no evidence). It is almost 4 years that he never enquired about the child, he rejected my plea for providing a part of the salary towards child. Despite 2000 phone calls my me during the first 5 months of deserting, he blocked my phone number. Now, he suddenly appealed for visitation of the child whom he has never seen, just to create problems for me as I have asked for maintenance. Interim Visitation until case is disposed is granted on mutual agreement but on the first day, he brought police and his lawyer at my place evading all security gates of a very secure and posh society via police constables help. He strightaway came to my place and demanded  the child to be shown to him. The child wasnt at home at that time, and he created a lot of noise to defame my image in my society. Can i ask him to arrange for visitation at my matrimonial home which is in another city, not my place of living? I dont want non-sense and police coming here. Again, his intention was not to visit the child, but create disturbance. Can i appeal in high court for stay on the interim visitation order after this incident has happened? No where in order it is mentioned that he has to bring police to my house or even come to my house uninformed. It mentioned mutual place of visitation. He did send a threatening email to me 1 day before visitation and an abusive call which was attended by my parents. However, he never mentioned the time when he wants to come or if he is bringing police? I couldnt check the email on time and after the abusive call with my parent, i didnt care about him as it didnt talk about any of the logistics. My husband is a cheat and a fraud, he needs mental treatment before he can be approved as fit to meet any child. He wanted to introduce himself for first time in last 4 years to his child with a police in the background, and that too on a special festive occasion. He could have permanently damaged my child's psycology who is living without seeing a father for last 4 years.

Please guide.



Learning

 4 Replies

Vibha   24 July 2016

  1. You can appeal the interim visitation right but it is unlikely to succeed unless you have evidence of misconduct or negligence. Simply bringing police to your home cannot be regarded as misconduct in eyes of law.
  2. I would advise a wait and watch approach, reach forward via email or letter to make a reasonable arrangement for visitation rights. Keep record of all communication. If he says or does wrong things then you can use them as grounds in an appeal.
  3. It seems that your marriage has fallen apart with no chance of reconciliation. Husband is most likely reacting to your case asking for maintenance. As your disputes in court escalate, more bitter and adversarial environment will be created. Such environment is very harmful for children in the long run. It is better to work out a peaceful arrangement where you can get divorce and some permamanent alimony with token visitation for father. Mutual and amicable separation between parents will create better environment for child to grow up.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 July 2016

Chennai family court recently delivered a judgement that family court here has suspended the visitation rights of a man who did not meet his child after he separated from his wife. So can refer this case in the court. 

Madhu   24 July 2016

Thank you sir, i got hold of the case for citation.

Do you think that bringing police and lawyer to a single mother's home on day of special occasion and party at home without informing about time of arrival or the accomplice is a violation of interim visitation order? Further,entry is registered caught in society register to prove that police entered. My husband has thrown me and my new born child out of matrimonial house and i live in my own house for last 4 years. Child doesnt know who is his father but i always tell him +ve things. By introducing himself to the child for first time as father and that too after harassing the child's mother in front of the child, my husband wanted to create negative perceptions in child's mind about himself which he can later on blame on me. He is trying all possible ways to take divorce from me and go ahead with next marriage, not bothered about child at all and doesnt want to spend a single penny as it is ongoing for last 4 years.

As per me, he cannot bring 3 male police constables to my flat without a warrant or a written application against me, there is no record in police station. When i asked police, they ran away from the society. When i asked my husband to wait till child returns back, he never waited.

Madhu   24 July 2016

I also have a question if I can appeal the court in worst case if they still allow visitation, can I ask him to arrange that for me and the child in my matrimonial home from where he has thrown us out? He will have to arrange for pick up and drop from my place of residence to his place of residence which is in other state of India. I want to see how genuine is his request for visitation. He will surely not indulge in bringing police to his place of residence


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