Increasing the interim visitation meeting time as per bombay high court guidelines in new delhi case
Rahul
(Querist) 28 September 2013
This query is : Resolved
Hello Experts,
Being Father i had filed the Guardian & Wards Act 1890 case for Permanent Custody of my Girl Child in New Delhi along with Visitation Rights. The case is at PE Stage where i need to tender the evidences..
In the Interim Visitation i had asked various meetings with the child
Every Week Meeting for 4 hours.
School Visitation Rights.
Celebrate Holidays with Child.
Child Access at my home for last Sunday of the month.
But the Judge had only given order dated 15-12-2013 to meet with the child for 1 hour per month in the Court Meeting Room. Now judge has been changed.
But Only 4 meetings out of 9 happened till date as for 3 times my wife didn't appear with child by sending Medical Prescriptions.
Facts of the case:-
Child Gender = Female
Child Present Age = 5.6 years
Child Age at the time of Case = 3.6 years
My child does not recognize me. My wife took her with herself when child was only of 1 month.
I am an Engineer. And till Date paid Rs. 7,30,000/- as a maintenance towards child & wife.
My wife is not doing any job deliberately for extorting maintenance from me.
My wife claimed that she appointed full time maid in 125 maintenance case but in her GWA WS she has not mentioned even a single word about maid.
My Child faced domestic accident as her left Wrist is badly burnt & there is big scar of that wound.
Distance between my residence & my wife's Parental home is only 1 KM.
I want to attain increase the Meetings Time as per Bombay High Court Guidelines & Approvals as per link mentioned below on page Number 16 under point number 4,5,6,7 and as per the chart on page number 44 to 46 till the final disposal of the case.
Bombay High Court Child Access Guidelines Link :-
http://www.lawyersclubindia.com/forum/Child-Access-Custody-Guidelines-Bombay-High-Court--72754.asp#.UkaCq4aLCTU
Now what application shall i file & under which section and all.
V R SHROFF
(Expert) 28 September 2013
You file Execution proceedings if your wife do not obey access order. Also ask amend mtn, as she had not kept any maid. Ur parents can see her any time, if apply for gr father/ mother visiting rt.
Rajendra K Goyal
(Expert) 28 September 2013
File execution proceedings as advised by the expert.
Raj Kumar Makkad
(Expert) 29 September 2013
You need to move an application under section 151 of CPC seeking amendment in the previous order of the court increasing meeting time.