(Guest)

Guardianship advise

Dear Sir,

My wife having mental disorder problem called Physopironia paranoid-because of that she was treated by a phychotric in Nagercoil.Due to this disease (delusions,Hallucination,) We stayed in Valsad -Gujarat and She left my children alone and run away from house seven times without knowing to anybody. Lastly she went April 2011 from Valsad gujarat,and not return till date and I was looking after my childern.

In November 2011 she filed a petision in Nagercoil (Tamil Nadu) court,in that wrongly mensioning both childrens were staying with her and asked for maintenance.In 2012 I filed a divorce petition as well as Guardianship petition in Valsad-Gujarat court for divorce and declare me as the real guardian for my children-Daughter 14 years and son 10 years old.

In Oct 2013, when I went outside duty, she came to Valsad,Gujarat and forcefully taken away my both children without my knowledge by making wrong allegation against me,so now the childrens are not with me,staying with ex wife in Nagercoil.

In December 2015 the Valsad-Gujarat court called the treated doctor from Nagercoil Tamil nadu,and confirmed her mental disorder problem, and granted divorce decree in Feb 2016.

Now the Guardian ship petition is still pending in the Valsad-Gujarat court, but since i lost my job in gujarat,presently i am not staying in Gujarat.Also my ex.wife taken away my children to Nagercoil,now childrens are not staying in Vlasad-Gujarat.

Now,when i wentt to Nagercoil-Tamil nadu to see my children, ex wife not allowing my children to contact / talk with me. She also instructed the school authorities, not allow me to contact the children in the school.

Now i am requesting for an advise in the following points,

1) Since i legally divorced now,Can i proceed for second marriage ? If they appeal then what will happen to my second wife?

2) If I do second marriage can the court considered as this is a plus point for me to get back the children ?

3) Now my daughter is completing 12 th standard -She is a bright student/school first-so i want to admit her in a good college for her bright future-How can i help to my daughter?

4) Since i got the DIVORCE DECREE on Genetic mentel disorder grounds,I worried about my children,so as a preventive measure, i would like to monitor their beheviour also would like to consult with good doctor.How can i do this?

5) After my childrens attaining 18 years the guardianship will apply to them? afterwards what will happen to them?

a) Can i request the court to continue the case as it is in Valsad court?please advise.

b) Can i take any legal action against my ex wife for dishounareing the court?(she illegally taken away my children when the case is in the court)

7 Since myself and children are presently not staying in Valsad-Gujarat, is it possible to continue the guardianship petision filed in Valsad court in 2012.?

8) Since myself and children are presently not staying in Valsad-Gujarat, can i approch the valsad court for a visiting right to meet my children at Nagercoil?

9) Since the court procedure will take long time can i get any valunteer organisation help for speedy solution?

Kindly advise how can I get back my children as soon as possible (through court or any organization etc..

Thanks,

N Vinayagam

Mob 7060551169

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3 Replies

Dr Martin Campbell (Doctor) 29 April 2016

Originally posted by : Nirupathi Nayanar Vinayagam

Now i am requesting for an advise in the following points,

1) Since i legally divorced now,Can i proceed for second marriage ? If they appeal then what will happen to my second wife?
Wait for 90 days to complete and then do re-marriage as there is appeal period of 90 days that she can go to HC against divorce granted.

2) If I do second marriage can the court considered as this is a plus point for me to get back the children ?
No. It be negative point. If you on the other hand stay single, there are chances that court will give custody to you.

3) Now my daughter is completing 12 th standard -She is a bright student/school first-so i want to admit her in a good college for her bright future-How can i help to my daughter?

You can help her by way of giving money to her, and overseeing the actions required to put her into proper school or perhaps make lumpsum deposit in her name which interest she can use.

4) Since i got the DIVORCE DECREE on Genetic mentel disorder grounds,I worried about my children,so as a preventive measure, i would like to monitor their beheviour also would like to consult with good doctor.How can i do this?
You can ask court to give you visitation rights and also let you take the kids to good doctors for ensuring that they do not suffer from Schizophrenia.

5) After my childrens attaining 18 years the guardianship will apply to them? afterwards what will happen to them?
After 18, they are on their own. They can come to you or can stay with their mom, it is totally left to their wish.

6) In June 2012,When i file the guardianship petition, childrens were stayed with me in Valsad,Gujarat.I requested the court to declare me as a real Guardian.But even after received the court summens,in Oct 2013,when the matter is in the court. ex wife came to valsad and illegally taken away my children from my house when i was not in the house, So now my prayer will be "handover my children to me ,So,

a) Can i request the court to continue the case as it is in Valsad court?please advise.

b) Can i take any legal action against my ex wife for dishounareing the court?(she illegally taken away my children when the case is in the court)

When she did like that you also do like that, it is not punishable crime in eyes of law. When she being woman can do this, why cant you????

7 Since myself and children are presently not staying in Valsad-Gujarat, is it possible to continue the guardianship petision filed in Valsad court in 2012.?
You need to ask for custody of kids in separate petition to court, get the order, and if wife does not give custody of kids to you, you can go for execution proceedings of custody order.

8) Since myself and children are presently not staying in Valsad-Gujarat, can i approch the valsad court for a visiting right to meet my children at Nagercoil?
Yes

9) Since the court procedure will take long time can i get any valunteer organisation help for speedy solution?
Money, that is the only thing you need, throw money and take custody of kids, no other organisation, nothing bigger help than that.

Kindly advise how can I get back my children as soon as possible (through court or any organization etc..
Just go get the kids, the exact same way your wife did.
Thanks,

N Vinayagam

Mob 7060551169

My take on this is, it is useless to pursue the matter, its like rats fighting for pc of cheese. Your marriage is not in order, hence such severe outcomes. You can pursue legal way as I explained above or take extreme measures as I told u above. For 1, u need money and patience, for 2 u need guts.

(Guest)

Dear Sir,

Thank you verymuch for your kind advise.

With reference to your reply,I have one more clarification related to point no 6 AND 7 as below.

When she did like that you also do like that, it is not punishable crime in eyes of law. When she being woman can do this, why cant you????

Kindly advise for my query 6)- a

(I requested my Valsad advocate to apply For visiting rights in the court of Valsad-Gujarat, she said now we can't proceed in Valsad court,because of either your children or myself staying in Valsad -Gujarat presently.Also the contents of the application will become change.

So,according to her petision filed in Valsad court need to be withdrawn,then i want to make a new application in nagercoil-Tamil nadu court for visiting rights aswell as Guardianship application since the children are staying in Nagercoil.)

Please advise.

Thanks and regards,

N Vinayagam