Mother's visiting rights over her 5+ years old son
ashok
(Querist) 08 May 2013
This query is : Resolved
My daughter,has been forced to leave her in laws joint family house after 12 years of marriage.At the time of marriage,we were told that boy's married elder brother,with his wife and their 3 yrs daughter are living happily in in laws house and elder sister of boy, happily married with her 2 daughters are living some where else.but After marriage,it was revealed that both her sister-in-law and brother-in law have broken marriages.Her sister in law with her 2 daughters are living in same house hold and few months later daughter's BIL's wife with her 3 yrs old daughter deserted her in law house.(Later her BIL also expired)As the time passed My daughter was conceived but she was given some treatments for a male child by her mother in law which resulted her miscarriage and she was not given any medical facility.Luckily she was again conceived and this time her In laws agreed to take her to parent house.The daughter remained with parent house till bith of male child.During that period of about 1yr 3-4 month,her husband or any his family made any contact with her or visit even at the birth at parent place.My daughter was some how adjusted herself against all odds mental torchers for sake of child. Now when child is plus 5 years she was rebuked,humiliated,mentally and physically particular by husband,MIL so that she desert her in law house and they are successful when all of sudden my daughter left the inlaws house when child was at school.(At school,the child remain under shadows of daughters of her sister in law)
Under circumstance,in legal advise,CRPC 125 and u/s 9 case is filed.Under 9 we prayed husband should stay with wife and son at a separate place,but husband replied he can't leave old parents and he is financial not sound to do so
What should be done as separation is now 1 year old and my daughter is desprate to see her son ( as now it looks their intention is clear to let sister in law take male child of our daughter )
ajay sethi
(Expert) 08 May 2013
it is better you go in for divorce by mutual consent . it is impossible for your daughter to stay in husband house . husband cannot afford separate accommodation . in divorce by mutual consent prepare consent terms for maintenance , child custody .
in the alternative file complaint under DV act seeking right to stay in shared household and seek a protection order against husband and other family members . contact a local lawyer .you cna also seek alternative accommodation and other reliefs
V R SHROFF
(Expert) 02 March 2014
Shri Sethi advised well, act as directed.
DV, best soln,
