Divorce Law
Mahadevan
(Querist) 15 September 2015
This query is : Resolved
My friend is in chennai and currently due to some misunderstandings both husband and wife not living together for the past 2 years. They have a 2 year old boy, currently staying with his wife. My friend has initially sent a law suit to his wife, seeking her to come and join together to lead a happy life. They are married for the past 11 years. Now that the case is pending in court, my friend wants to know whether there are any provision or law which allows him to be with his son either on a weekly basis for a stipulated time or monthly basis. Out of court he tried to contact his wife and his in-laws but they do not allow. What should be done to make way for him to be with his son?
Advocate Kappil Cchandna
(Expert) 15 September 2015
Sir,
Your friend can move an application seeking visitation rights to the child ....
Warm Regards
Kapil Chandna Advocate
9899011450
Sudhir Kumar, Advocate
(Expert) 15 September 2015
“due to some misunderstandings both husband and wife not living together for the past 2 years”
“. My friend has initially sent a law suit to his wife, seeking her to come and join together to lead a happy life”
VERY GOOD.
So your friend has filed RCR case?
He expects happy life through court order?
You can brows through this forum. There are many tales of husbands rightly /wrongly suffering because of such experiment.
RCR case is very effective for force a wife to file true/false case of dowry demand and seek husband (with family) to be in Jail.
Your friend’s wife is either too gentle not aware of law.
Your friend knows that discord is due to “misunderstanding” and he seeks to solve the same by most provocative way.
Perhaps your friend need to provoke his wife more for making his life miserable.
Devajyoti Barman
(Expert) 15 September 2015
Yes, he can file such application u/s 26 of the HMA seeking visitation rights of the child.
Rajendra K Goyal
(Expert) 15 September 2015
He can prey visitation rights through court.
P. Venu
(Expert) 15 September 2015
"RCR case is very effective for force a wife to file true/false case of dowry demand and seek husband (with family) to be in Jail."
Though a minnow among the contributors, I am constrained to state, with due apologies, that the above refrain only brings discredit to the EXPERTS and this forum.
malipeddi jaggarao
(Expert) 15 September 2015
Anyway case is pending. What is the suit prayer? Whether the suit is for restitution of conjugal rights? Your friend might have engaged an advocate for the case. He can move in the court for visitation rights.
SAINATH DEVALLA
(Expert) 18 September 2015
Rightly adviced by all the above legal experts,nothing more to add.
T. Kalaiselvan, Advocate
(Expert) 21 September 2015
You may advise your friend to move an application before the same court for visitation rights to visit his child periodically.
