Divorce and Custody of the Child
Avinash Abhyankar
(Querist) 13 September 2008
This query is : Resolved
Dear Sir,
I wish to ask you a query which is a case of divorce.
This is a case where Mr. X marry Ms. Y in 1998 (it was a love marriage), thereafter both went in Metro City and started Service/ Employment. They got one daughter in wedlock and the daughter was with the parents of Mr. X, as the Mr X and Ms. Y was working, from age of her 9 months (i. e. 1999 to 2003)
Later situation worsen as Ms. Y shows affection in another person who was her colleague at the working place. Hence the differences started in between them and they went for divorce in 2003. The reason which was given in application was utterly wrong and misleading. There was no reference that the childe was with parents of Mr. X. but it was pleaded that she is with Ms. Y at native place. But the fact was Ms. Y never went to her native place, but was romancing with her colleague in the very same Metro City. Thereafter court grants the divorce.
In the court order, it was nothing stated that about the meeting / visits of Mr. X with his daughter monthly/six monthly/yearly. But the court order is not barring also, it is silent.
Consent of Application for divorce was given in frustration by Mr X, without seeing anything.
Thereafter, whenever Mr. X desired to meet her, there was always resistance by Ms. Y and her new husband and their parents. This is the situation started since 2003.
Now my query is this:
1. As on date i. e. in the year 2008, if Mr. X desires to meet his daughter, then what are the ways.
2. If Mr. X wants to take the custody of his daughter can he make application to court?
3. Can Ms. Y fly away with the daughter to Abroad as she is Software Engineer and if yes, then, Mr.X can not see his daughter in his life time. Can court restrain her?
4. Can she (Ms. Y ) change the family name of her daughter? Because family name of daughter is of Mr. X, and now she may give the family name of her new husband. If it is so, then what are the remedies to Mr. X
Please suggest the solution and thanks in advance
Regards
Avinash Abhyankar
SANJAY DIXIT
(Expert) 14 September 2008
Dear Avinash,
Your querry a little confusing...
I gone through your querry 3 times but couldn't understand about the present custody of the child.
If the child was living since the starting with the parents of Mr X,then how Y can resist to X from meeting the child.
Pls clarify.
Aniruddha.P.Pawse
(Expert) 18 September 2008
Hi,
1&2. He can either make application in court for visitation rights or for custody or both.
3. Court has discretion
4. Not without your consent
