Visitation rights
Rajan Singh
(Querist) 01 August 2011
This query is : Resolved
Dear Sir,
I am facing a major issue w.r.t visitation rights of my child. We got divorced in August 2010. My ex-husband resides in USA, due to which initial settlement took long time, when warrant issued against his family here he came to india for settlement. during agreement it was decided that when he visit india he can meet our 8 yr old daughter every sat/sun for 8 hours. i was not agreeing to this but my lawyer told me there is no option either i agree or lose custody of my child.
Now the problem is , he is come back here and every sat/sun he makes us sit for hours and hours in the name of visitation rights. I am a single mother taking care of everything. A house was named for child from which i get a monthly rent of 15,400/- which is the only compensation i had got out of this settlement.
In the name of visitation rights both of us are thru mental harashment with this man who was an abuser and daily drinker. My child and me go and keep sittting hours and hours without speaking even a single word. What legal remedy is available to me. I will go mad , if i have to continue like this till she becomes 18 yrs of age , as i was told she is minor so her say has no value.
It is become an ordeal for us every sat/sun we have other important work lined up which i am unable to do.
He threatens us and says whether she speak or not she need to sit in front of him as court has given him this right.
Please help me ! whenever i speak to my lawyer he says no option you have to bear , though i heard where vistiation rights restricted to once a month of so why in my case he is acting in this manner.
Please advice me!
Regards
Madhvi
Devajyoti Barman
(Expert) 01 August 2011
The court has allowed for visitation not for tormenting all of you.
Next time he visits you can do your own work and your child as well.
He would not be able to enforce his unusual mode of visitation.
Atuliya
(Expert) 02 August 2011
Agree with Mr Barman. Alternately on the next occasion you don't go [and there can be so many valid reasons for skipping a date] and let him go back to court for enforcing his rights that is when you can in your defense bring to the notice of the Hon'ble Court this tormenting behavior of the person and seek suitable modification in the orders.
Jitendar Kumar gupta
(Expert) 03 August 2011
Yes you have to right to end the visitation. for that you have to make a video of the visitation and then apply to the court for reconsidering the visitation.
