Crpc,dv act, rcr and child visitation rights
souren ghosh
(Querist) 10 August 2016
This query is : Resolved
I am paying maintenance to my wife and daughter against CRPC125 interim order @ rs 10000/- for wife and daughter from Jan 2016. I have applied for RCR under section 9 and child visitation under section 26. My wife given me DV case after that. My wife is taking time against child visitation rights. She is suddenly saying 3 days back that i can visit my daughter any time i want. I am surprized as well as confused.
i have applied for visiting rights because i was not allowed to see my daughter for last two and half years.
My apprehension is that if i visit my daughter she might give me some false allegations and create trouble in DV case.
secondly if i visit my daughter at this point, out of court orders she may point out tactfully in the court that since i am visiting my daughter my plea for visiting right should be nullified. And if that is done by the court then she will not allow me to see my daughter any more later on.
Should i accept my wife's offer to see my daughter without court order now.
please guide.
Dr J C Vashista
(Expert) 10 August 2016
The query is hypothetical full of "ifs and buts", discuss with your lawyer, contesting your cases and there is no need to seek second opinion except that it is free of cost on this platform.
Ms.Usha Kapoor
(Expert) 10 August 2016
/Dear Client,
I concur with Vashista Sir.
Devajyoti Barman
(Expert) 10 August 2016
Well, since you have already applied for visitation rights of the child better wait for the order to be passed by court.
If you visit the child as per direction of the curt it would be difficult for your wife to bring false case.
Do not visit the child as per private arrangement.
If you do then do make video recording of the visitation.
R.K Nanda
(Expert) 10 August 2016
Nothing to Add.
Rajendra K Goyal
(Expert) 10 August 2016
Fully agree with the expert Devajyoti Barman.
Visit can be at lawyers chamber / court premises.