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mission   23 May 2018

Denied vistation

I got visitation right of my son (12 yrs)- every saturday and sunday. My wife is refusing to allow child visit by different excuses.. child busy, study, and he is not interested to meet..

I have date on June 13. She is hiding her live in relation with a married driver. I have enought evidence to prove this relationships. She wants to extract money out of this visitation.

Just for background. She filled 498A, but never attended enquiry, then maintenance case going on in rohini court. Court has given 5000 per month to child. She has gone to review petition for hike. She has not attended 9A proceddings. I got the decree but of no use.

Any suggestion on path foreward.  

 



Learning

 23 Replies

Kumar Doab (FIN)     23 May 2018

Appraise the court with irrefutable evidences of not allowing visiting the child.

Kumar Doab (FIN)     23 May 2018

Irrefutable evidence on adultery is your need.

Your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family/criminal matters and having successful track record ….. and worth his/her salt …and help you understand what is adultery and what irrefutable evidence is required.

Aman chawla (DELHI HIGH COURT ADVOCATE)     23 May 2018

So, sir, you have two option one is you can file an application for compliance of the order, and the second option is you can file contempt application in Delhi High Court as she is not obeying the order of the Hon'ble Family Court. 

And you can file Divorce petition on the ground on Adultery (Please file only when you have sufficient number of evidences)

Thanks,

Regards,

Aman Chawla  

Aman chawla (DELHI HIGH COURT ADVOCATE)     23 May 2018

So, sir, you have two option one is you can file an application for compliance of the order, and the second option is you can file contempt application in Delhi High Court as she is not obeying the order of the Hon'ble Family Court. 

And you can file Divorce petition on the ground on Adultery (Please file only when you have sufficient number of evidences)

Thanks,

Regards,

Aman Chawla  

mission   24 May 2018

thanks for answering. Will put evidence infront of court.

mission   24 May 2018

Major reason is being given that child (12 yrs old) does not want to meet his father.

Any court order where such excuse has been ignored by the court.

Kumar Doab (FIN)     24 May 2018

Show the evidences to your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family/Civil matters and having successful track record ….. and worth his/her salt …for a considered opinion.

 

If you are at a very small location, visit some senior counsel at HC.

If your lawyer is not seasoned/senior get opinion from a seasoned/senior/successful counsel.

The evidences/corroborating evidences/arguments should not go waste and should rather suffcue to convince the presiding officer.

 Or wait and generate evidences as suggested by your counsels in person.

 

Kumar Doab (FIN)     24 May 2018

Your previous and last posts are different.

If child is doctored court may still grant opportunity for child to interact with both parents and have love affection and care from both.

Your own counsel should chose citations per facts and need of the matter and rely more on irrefutable evidences and thrashing arguments.

mission   25 May 2018

Kumar Doab.. Thanks for reply.. If child is doctored.. tutored.. what is possbility of father to visit child. Chidl age is 12 yrs.

Kumar Doab (FIN)     27 May 2018

It is felt that there is very much the possibility of right of visit.

The courts have many times noted the child is doctored/tutored..................mind of child is poisned/pollouted...etc etc 

 

Your own counsel has to take care of the matter.

Kumar Doab (FIN)     27 May 2018

GO thru;

The mind of the child has been poisoned/polluted and

 

the child does not have any inclination towards his father because of

 

the tutoring by the respondents.

During our conversation with the child we could clearly note

 

that the child has been tutored by the respondents to make him

 

completely hostile towards his father.

 

Reportable

 

          IN THE SUPREME COURT OF INDIA

 

            CIVIL ORIGINAL JURISDICTION

 

          Contempt Petition (Civil) No. 394 of 2009

 

                              IN

 

          Transfer Petition (Civil) No. 195 of 2008

 

 

Dr. Ashish Ranjan

...Petitioner

 

                               Versus

 

Dr. Anupama Tandon & Anr.                 ...Contemnors/Respondents

https://courtnic.nic.in/supremecourt/temp/cc%2039409p.txt

Kumar Doab (FIN)     27 May 2018

 

5. Counsel also argued that the Family Court failed to appreciate that the respondent has deliberately and contumaciously violated the orders passed by the Division Bench and it is sheer vindictiveness of the respondent who has brainwashed, tutored and poisoned the minor children against the appellant.

https://lobis.nic.in/ddir/dhc/KGA/judgement/08-09-2015/KGA04092015MATFC412014.pdf

Kumar Doab (FIN)     27 May 2018

Pick up the relevant points and relate to build in your matter...

 

IT is reiterated that your counsel and you have to have irrefutable evidences and thrashing arguements to convince the court.


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