urgent help
Querist :
Anonymous
(Querist) 19 December 2010
This query is : Open
Respected sir,
I need urgent help regarding child custody. My wife left her matrimonial house in month of Sep.2007. After that she filed a DV in Dec.2007. First hearing was in 21-03-2008. The Hon’ble judge sahib called both of us in his chamber and asked me that your wife has claimed Rs. 1650/- PM from you for your child Manas. I replied that I am ready to pay the complete amount but I must be allowed to meet my son at the very hearing. He agreed for that and passed the direction that I have to pay Rs. 20,000/- including 13,300/- donation which she has paid for that. And told her to bring the child on the next date of hearing . This was hardly continued thrice in his order. As per the order in Jul 08, he stated that because of the heavy rush, no order could be passed and court adjourned. Since that day onwards, she did not turn-up nor she brought the child for meeting till Sep.09. In between I filed a petition on for the permanent custody u/s 25 as well as visitation rights
u/s 12. on 13/12/2008. The respondent submitted the reply of Sec. 25 after the nine months of my petition filed on 9-9-2009 and Sec. 12 reply has not been filed till date. I was only allowed to meet my son on Dewali as well as on his birthday on 14-10-2009 and 19-10-2009. After that many orders passed by the Hon’ble court to bring the child in the court. They did not obey the orders issued by the court. Lastly on 7-9-2010, I decision of my application u/s 12 dated 13-12-2008 may kindly be finalized and also non compliance of order5s issued to bring the child. The copy of my this application was handed over to the respondent for the reply. But still they did not submit the reply of my application. After two months, they said that they have not received the copy dated 13-12-2008. Again the copy of my petition was supplied to them and Hon’ble court pass the direction to bring the child and also submit the reply by of my petition dated 13-12-2008 by or before 20-11-2010. Again the reply was not submitted in the court . as the child was produc4ed in the court . I met with the child and give me gift of Rs. 3000/- plus sweet which he has taken in front of the court and after ten minutes my wife told that she want to take child with her for his tuition. After ten minutes of my meeting , the judge sahib asked my son whether you want to meet your father in future, he gave the reply in negative because of her mother pressure who was holding his hand. When again I requested the court that I may please be permitted to meet my son . He did not agreed and told that as he is not interested so I cannot compel the child to be produced in the court. As I was not happy with the order passed by the hon’ble court. I filed a revision petition to challenge the order dated 20-11-2010.in the High Court , Chandigarh.
I request your honour to kindly give me few judgments regarding that father( Non- custodial ) parents cannot be denied for the visiting rights and any other judgments you deem fit in my case.
With kind regards
