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Dva vs rcr

(Querist) 18 April 2012 This query is : Resolved 
Dear Sir,

First I thank U all for give me a good support. Sir I & my wife had a small misunderstanding which grew into huge problem by his father. Before separation we stayed in a rental house, his father told us let them(me & my wife) be separate for two months then only they will understand what is a family. All of sudden she filled a Dva on my family , after getting the main petition I filled an RCR in family court after that she filled a I.M with DVA. Then I filled Visiting Rights for my 3 yr old child with RCR. Now in DVA my sister husband is not willing to come. So as they know our weakness they are forcing us to give MCD and in MCD also they are not allowing us to have visiting rights. I tried several times to meet my child in his school but they stop him in that school. We also ask a lawyer in High court for dispense with for my family members. In family Court Hon Judge had told her to bring the child to Court. But she didn't did that for more than 3 hearings.

1. Shall I continue with DVA?

2. Can I get V.R in family court?

3. Can I go to police station asking to bring my child?

4. Now They had joined him in a new school without my knowledge? Can I ask it in court?
Raj Kumar Makkad (Expert) 18 April 2012
1. Yes.

2. Yes.

3. No.

4. Can do so but welfare of the child is the paramount consideration.
Devajyoti Barman (Expert) 18 April 2012
I fully concur with Mr Makkad.
Adv.R.P.Chugh (Expert) 18 April 2012
Fully Endorse Ld.Makkad Sir
Shonee Kapoor (Expert) 18 April 2012
Nothing left to be added.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor (Expert) 18 April 2012
You should have filed Divorce instead of RCR in these circumstances.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi (Expert) 18 April 2012
agree with makkad


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