Visitation rights
deepa
(Querist) 01 January 2016
This query is : Resolved
Sir,
I have a daughter aged 7 years. We are going for 13 (1) A divorce from my husband who is severe alcoholic. Now he has been diagnosed for end stage renal disease: advised for kidney transplantation, liver also damaged. He has not paid me any alimony also. In future he is not in a position of survival also. The problem is in mediation he is forcing me to take my daughter to his place for visitation. Is it right on his part to ask like this. My question is sir first of all I am unemployed, he is not having income nor healthy, why should I take my daughter to his place for visitation. Since 3 years we are seperated, he never asked for seeing her then. Now that he is going to divorce me he is shamelessly asking me to bring my daughter to his place. My query is
1. Can I not deny visitation for such cruel husband.
2. Is there a rule in supreme court that I should take my daughter to his place for visitation.
3. Is my child going to gain any love from such a father who threw her out of house.
I don't want to give him visitation at all, if any what should I do about it sir.
In mediation conditions he has said about it and blackmailing me if I accept then only he will divorce me. Or else I have to be just annulled.
Guest
(Expert) 02 January 2016
visitation is not mandatory. if you show to the court that your husband is alcoholic with so much health damage and he is doing mental cruelty to you and therefore you don't want your kid to visit him, court will not force you to pay visitation.
all you need is:
1] medical report of your husband showing derogatory health condition.
2] charge of mental cruelty: tell your husband don't visit you during separation, never lodged restoration of conjugal right petition.
deepa
(Querist) 02 January 2016
thank you sir
Adv. Yogen Kakade
(Expert) 02 January 2016
As the matter is in mediation.. you can certainly deny the visitation as you have strong grounds to deny.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in
Rajendra K Goyal
(Expert) 05 January 2016
Deny the visitation demand by him in mediation and give the reasons for your stand.
T. Kalaiselvan, Advocate
(Expert) 09 January 2016
For visitation benefits, the applicant has to visit the place of the child and not that the child can be forced to go to his place to see him or visit him.
You can deny the visitation an strongly object to his petition, if he is not signing mutual consent papers, you may file a regular divorce petition by withdrawing the MCD papers.
deepa
(Querist) 25 January 2016
Sir
I am very depressed to ask one more question in this forum. Sir as I have already mentioned about the details of my husband now his stand is he will not give any property rights to my daughter also nor any alimony to me, also maintainance case is pending status: for payment due rs.170000. I had accepted to take divorce for his actions. Now my doubt is I have filed my petition on 5-1-2016. And hearing for the case MC 13 1 a petition on cruelty is on 6 the Feb 2016. I want to know if my husband does not attend the case or refuses to sign the divorce will the court award decree on his cruelty basis. Because it is a cruelty which I don't have physical proof, he says he wants divorce but does not want to allow me to live my life happily with my daughter also. From past three years I am living seperately with my daughter. Can I get divorce decree if he does not attend or sign, or what is the procedure of getting his sign on the paper by court. Kindly reply and help this poor mother who asks this for her own survival for the sake of her only hope daughter aged 7 years.
Guest
(Expert) 28 January 2016
how could he deny to pay maintainance and alimony ? an alcoholic thug. have you shown the court the financial position of your husband and your self ?
get the income tax return of your husband downloaded from net and show it to the court. you will get alimony.
as far divorce, if he does not sign mc, just file a contested divorce petition on the ground of cruelty.
