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saleem javid (nil)     20 February 2012

Custody / visitation rights

WIFE DESERTED HUSBAND AND TWO TEEN SONS ONE YEAR BACK. CAN SHE CLAIM FOR CUSTODY / VISITATION RIGHTS?  IF SONS TELL THE COURT THEY DONT WANT TO SEE HER FACE AGAIN, WILL THE COURT STILL INSIST ON GRANTING VISITATION RIGHTS? 



Learning

 2 Replies

Tajobsindia (Senior Partner )     20 February 2012

@ Author


1.
There are diverse views from number of Courts which are nothing but 'personal opinion' of an ld. Judge on raised issue when either and or both parents donot confirm to best interest of a child and without arriving at a "common solution" approach Court for ‘direction’ So there pops direction from concerned Court!. The view gets stronger the more a mother shouts and or creates a scene in Court rooms and or shows her hydraulic powers.


2. There is nothing mentioned in Law books to bind or not to bind minor(s) all depends on "expressed intelligent preference" handling by way of persuasive pleadings by custodial parent’s Advocate as and when the situation develops. Ensure mentioning in Order sheet that custodial parent will maintain visual distance and not hearing distance and to begin with visitation in common neutral places within 7 kms. range of ordinary residence of a minor and if any eatables to be given they shall be hygienically packed and being Branded eatables. 

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 March 2012

Rightly said, it is complicated issue.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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