Hi, I stay in mumbai.Had a mutual consent divorce from Cochin in 2006,
we last stayed there together,ex- husband still lives there.I did not
take alimony or maintainance,all expenses of child are borne by me.
Father has visitation rights --can take child with him during
vacations after giving 2 months notice.
As per agreement,Father was supposed to invest money in childs name in
such a way that it totaols 20 lacs by the time she is 18 & give proof
every march.Till date, he hasnt given any such documents.
But child doesnot want to go with him.she is 11 years old.He keeps
threatining her he will not send her back & she is terrified.he stays
alone ,there are no family members staying with him,theres no lady & she does not enjoy her stay there.He drinks in her presence.She hasn't gone with him for 1.5 years.
He had file case for vacation custody in cochin & it was given in his favour in November 2010 for diwali vacation.He came here,but child refused to go with him.For this , he filed a contempt of court on us, which we replied to ,now he has to reply.
Meanwhile, we filed appeal in High court against family court order & for which he has pleaded time to reply & that case is till pending.
Now, in April, he wrote a mail stating he will come to pick child on a particular date 5 days later(5 days notice against 2 months required).In did not answer the mail.Child refused to go this time also.
Now he has filed criminal case u/s 226 & is using the mail as evidence.Pls suggest earliest remedy as case appearance is on 10th may.
What can be done when 11 year girl child does not want to go with father ,who stays alone(no lady in the family is staying with him).What can i file in Bombay.Is there any case i can file to protect girl child's freedom of choice.