Advice
KARAN SINGH
(Querist) 16 May 2018
This query is : Resolved
dear sir
firstly i wish to thank few genuine advisers of lci because of whom i valently fought my sec 9 case against sec 13 case by my wife which she won 0n 31st March 18 but with a rider that she has not been given any maintenece (since she is working and she admitted that she can take care of herself and baby well).also the custody case GWA filed by me for my 10 yrs old daughter, was turned down with no maintenence to daughter from me and with directions that i can visit the child whenever i want
2. with this as background i wish to ask the learned forum suggestions on following issues
(a) Though the lady and daughter have not been given any alimony and maintenance in sec 13 and GWA can she file again.Especially she had admitted to make her case strong for custody of child that she is taking care of daughter well and is capable of looking after her.she is working as professor in a management college. if yes what remedial action should be taken by me
(b) though in gwa the custody of daughter has been given to the mother and I have been given releif that i can" visit my daughter any time i want and my ex would not pose any hinderance" now the question arises that i am an army officer posted in remote area and cannot go to meet daughter whenever i want .So it means its not a justice actually done to me also the daughter has been brainwashed so she is not keen to meet me .I want that daughter should be allowed to be with father and her grandparents during deewali holi or vacations.What action should i take to overcome this issueonly genuine advice solicitated please
regrds
DR.VEDULA GOPINATH
(Expert) 17 May 2018
please furnsh me a copy of order daed 31-3-2918 to advise you further. dr vedula gopinath vgnath @gmail.com
P. Venu
(Expert) 17 May 2018
Please post simple facts.
T. Kalaiselvan, Advocate
(Expert) 18 May 2018
a) She can file an appeal against the judgment denying the maintenance to her daughter and not a fresh case seeking maintenance.
b) If the judgment has given a blanket visitation rights to you without any specification then it is your duty to file an application seeking the proposed visitation rights, why did you not move any application for that?
Even now you can prefer an appeal against the judgment seeking the said relief provided you have made a mention about this in the trial court in the GWA petition, or else you can file a fresh petition in this regard.
You can discuss with your advocate on this at length and decide about further action on this.
KARAN SINGH
(Querist) 20 May 2018
dear sir
thank you all for kind advice specially Adv kalaisevan sir
i had filed an application but the honble judge said there is no cause since you have not tried visitng the daughter
hence filing application has no meaning
regards
