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saleem javid (nil)     13 February 2012

Visitation rights

WIFE ABANDONED 2 SONS 14 AND 12 YRS SINCE ONE YEAR NOW. IN BETWEEN SHE COMPLAINED IN WOMENS CELL, SONS TOLD INSPECTOR THEY WILL LIVE WITH FATHER. INSPECTOR GAVE 5 COUNSELLINGS BUT WIFE DIDNT AGREE TO JOIN MATRIMONIAL HOME. LATER HUSBAND FILED RCR BUT DID NOT ATTEND AS HE DECIDED NOT TO TAKE HER BACK. NOW WIFE FILED FOR VISITATION RIGHTS / CUSTODY GIVING REASONS THAT HUSBAND IS IMMORAL, GAMBLER, SUSPICIOUS CHARACTER AND UNQUALIFIED WHEREAS SHE IS WELL EDUCATED AND WORKING AND EARNING DECENT SALARY PENDING MAIN SUIT. HEARING ON 23RD THIS MONTH. SONS NOT WILLING TO EVEN SEE HER. THE CHILDREN SAID THEY WILL TELL THE COURT THEY DONT LIKE HER ANYMORE SINCE SHE ABANDONED THEM. ELDER SON WILL GO TO 10TH THIS YEAR, SO HE WILL BE BUSY WITH SPECIAL CLASSES DURING SUMMER. WHAT WILL BE THE COURTS RULING. HUSBAND DECIDED TO WITHDRAW RCR AFTER ATTENDING ON 23RD.

PLEASE ADVISE.



Learning

 5 Replies

Tajobsindia (Senior Partner )     13 February 2012

@ Author


1.
If you want court to favor you then file S. 151 CPC Application to take children interview.


2. Since you say both children not in favor of going to mother then same they shall express before Judge during interview. The Court cannot go against the wishes of children no matter who is richer / more educated and all that.


3. RCR you may withdraw before and or even after 23rd. as if you don't wish to live with wife then there is no point to keep RCR pending.

saleem javid (nil)     13 February 2012

Thanks, Will Do. Also, she is MCOM B.Ed but an international school appointed her as teacher for juiior classes probably for english or maths or hindi wih influence from her sister who is already working there. Can I ask the court seeking explanation from the Principal on what qualification and experience she issued appointment letter when she dont even have teaching experience as she was working as Librarian in another school for the last 10 years. Is it not right that they appoint only qualified teachers with relevant teaching experience since they are charging EXHORBITANT fees from students. Can the principal be dragged into this issue? especially my wife is still carrying my SURNAME in her application?

Tajobsindia (Senior Partner )     13 February 2012

1. B.Ed qualification is enough for her to get teaching job for junior wing. Why strir the nest when the que. is about who should get custody as you asked initialy ! pvt. schools are covered under RTI if it pains you to see her in a job then file approrpriate RTI application directly to School Managment and seek similar answers instead of involving concerned Court where Custody case is being contested as Court has no role to check if she should have got the job or not !! Under files section of my profile RTI decision on private schools comign under RTI is kept which you may read down to understand the logic and may be act accordingly.



2
. As far as surname c/f or deletion is concerned there are two ways to go about its deletion; one is if under MCD the parties agreed not to use surname then seek Court Order specific to deletion of surname and same to be filed before Gaz. Officer for notification after affidavit / paper adv. and ensure that she does not uses your surname henceforth and second way is to file application post divorce decree to seek deletion of suname of husband. Your stage is none as this is custody / visitation query you are asking us to handle !

2 Like

saleem javid (nil)     13 February 2012

Thanks for ur advise. I only want her to be happy since it was her own decision to leave us and not interfere in our lives again.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 March 2012

You have been rightly advised.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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