Ascess to Abusive, Violent Mother
Querist :
Anonymous
(Querist) 29 June 2014
This query is : Resolved
Learned Experts,
Wife was caught in hotel with paramour & hotel manager gave statement that both stayed together 3 nights, so I filed divorce case on basis of adultery. Now after not meeting children for 9 months she has moved assess application. All 3 children are doing very well in father & grandmother's custody ( boys aged 10, 7 & 4 yrs) Her violent & abusive conduct towards children can easily be verifide from the court record which children can also identify.Children are totally against to meet her which they have told the judge. Earlier court had also restrained her to meet children in school as she had misbehaved in classroom. Plz advice if still court can order monthly 2 hr assess within court room to this characterless mother who is a threat to her own children as the honorable judge is known to be little biased towards women. Plz advice what can be done to convince judge to disallow assess application as we have many more proofs on record for her negligent & harmful behaviour with children.
Best regards
Querist :
Anonymous
(Querist) 29 June 2014
Query is posted by Rakesh
Dr J C Vashista
(Expert) 29 June 2014
Despite the fact that the mother is characterless, abusive, violent and non-caring, she has visitation right granted by the Court.
Move an application to the Court to reconsider and recall its order in the interest of children, who do not want to meet their mother, although the children require love and affection of both the parents.
Devajyoti Barman
(Expert) 29 June 2014
since judge has already passed order, you have only left now to challenge this high court.
However visitation rights is unlikely to be cancelled.
Children need both parents, he abuse or unchastity is of no consequences here.
malipeddi jaggarao
(Expert) 29 June 2014
As she misbehaved with children in Class room the judge has granted visitation rights for 2 hours within the court room.
Look, she is the mother - which is a fact. Your are a father - which is a belief. What is real? Fact or belief? Fact is a fact and mother is a mother whatever might be the character. You could continue with her for long years and begot 3 children. You came to know that she is characterless only when she spent some nights in a hotel with paramour?
Children are dependant on you for their daily needs. They do not have any option except to be with your side especially when their mother is behaving in such a way. But she is their mother. They will not forget this and one day they will forgive her and try to find some reasons for justifying her behaviour. At the present moment they are not that matured enough.
You can not attribute bias on the part of the judge who granted limited visitation hours with restriction to meet in the court room. This may bring some change in her. Who knows you may accept her in future. How do you think that children will always support your version/view? They may change their opinion. Nowadays as long as they are dependant on the parents children shower abudant love on them and the moment their need is over, they conveniently ignore without any valid reason.
Hence do not get boost with the temporary support of your children at this moment. Think as a human-being that she has got every equal right on her own children, may be more than the equal. Unfortunately she could not protect her own rights and hence facing the situation.
Instead of opposing visitation rights, I advice you to allow which may bring change in her.
prabhakar singh
(Expert) 29 June 2014
I think order is still not passed if I have correctly understood expressions in your query.
Oppose the application bringing out facts on record to prove that such a thing would be psychologically damaging to children.
Querist :
Anonymous
(Querist) 29 June 2014
Prabhakar Singh sir,
Thanks, you have read it right. It is for hearing & order tomorrow. My advocate has already put citation on record of apex court in which 7yr old boy denied meeting mother due to same reasons & access was rejected. Since 3 yrs when she started relationship she almost has always ignored children & now children have moved ahead & don't consider her their mother as they have even seen her many times breaking & throwing almost everything in house & due to shock slept without food weeping. I fear her blackmailing tactics will ruin our lives even post divorce hence I want to ensure her immediate permanent disconnection with children. I justwant 2nd opinions that on what basis court will totally reject her ascess application. Thanks for attention.
Guest
(Expert) 29 June 2014
Irrespective of whether court orders or not monthly 2 hr access within court room to her or whether she is a characterless mother, you must bear in mind that her children are not your sole property.
If convinced by her pleadings, court can still order visitation right to the mother to her children.
Better fight the case on merits, not merely on the ground of her being characterless, abusive, etc.. Even if she is denied visitation right this time also, she has the right to seek visitation right any time the circumstances change in future also.
prabhakar singh
(Expert) 29 June 2014
It is court's judicial discretion and it may go any way more particularly when court is pro a party.Courts are also presided by humans.
Although not only I personally opine
but have experienced that courts are not there to take care of right of parents but welfare of children as paramount factor.
To me even two hours visitation grant in court room is not going to leave very healthy impact in the development of mind of children.
Our children are not here in this word to visit courts for satisfying rights of their parent.
Court environment can never be considered to be conducive for healthy growth of children.
ajay sethi
(Expert) 29 June 2014
court will grant mother visitation rights .
T. Kalaiselvan, Advocate
(Expert) 30 June 2014
I agree with the views expressed by experts above, more so with the highly appreciable practical thinking views expressed by expert Mr. Malipeddi Jagga Rao. He is absolutely right in his opinion that mother is a fact and father is a belief. therefore there is no question of biased treatment by the honorable judge in this issue. You may produce umpteen number of citations, until there appears imminent danger to the safety of the infants/kids' life, there is no reason that a judge can deny visitation rights to the mother of the children. As one expert rightly observed that the children are not your sole property, the court will consider the the welfare of the children as a paramount factor while deciding such issues, you may concentrate on the merits of your case.
K.K.Ganguly
(Expert) 13 July 2014
Whatever be may, he mother has the visitaion right which the court will very unlikey withdraw.
