Child custody and maintainence to wife
JAIRAJ
(Querist) 13 August 2012
This query is : Resolved
I have filed for divorce against my wife in 2008,and for custody for my kid,but after 3 long years court has ordered that after every alternate court I can meet my kid only in court premises only for 1 hour for which I had made an appeal for the review,which is still pending what should I do I have not met my son since the day I have filed for divorce.
Also 423/09 court has ordered an Recovery of 95000/= from 2009 till date,maintainence of 2400/= in 175/08,also domestic violence of MA 248/12,she has also filed for PAST,PRESENT &FUTURE MAINTAINENCE OF 5,00,000/=.
I want to ask the forum that I do not want to pay any amount to my wife for my son I am ready to pay (only if I get custody or accessebility)what should I do.
If I am not paying a single amount what will happen,what should be my answer to the court or how do I approach for all the above points in the court ? Please suggest me what should I do ?
Tajobsindia
(Expert) 13 August 2012
1. When Court allowed visitation in Court premises from Day 1 you should have availed of the same while revision is still pending.
2. Arrears payment has to be met unless there is 'stay' for the same and or you are proving yourself to be un-employed via CC / LC (Court Commissioner / Local Commissioner)..
3. If you donot pay arrears they will approach for its Execution and from Execution Court they will seek appropriate remedy.
4. If you donot want to pay to wife then some valid as per Law reason has to be submitted to Court and if Court comes to opinion and allows it then only remedy cometh your way. Mere whims and fancies without valid grounds does not bar Court to proceed further.
5. You cannot hold Court to ransom “that I want to pay only to Child if custody / accessibility is granted”. Your query states Court granted 1 hour in Court premises to begin with which Offcourse you say to us you challenged but then you say you are not meeting child from Day 1 so if court granted some visitation even if not to your taste then what is the fault of child not to see father in Court? . However custody is granted on merits of the case. No such grounds mentioned here to speak remedy thereto.
6. Also it is not very clear under which Maintenance provisions maint. was granted to your wife?
7. What are these 423/09, 175/08 and 248/12/ Under which provision of Law these CC alloted?
I donot see any valid grounds for not obeying atleast allowed visitation as well as meeting arrears payment hence cannot suggest further. The query lacks clarity and is one sided vague statement of queriest.
