Hello every body, I have a case going on and need ur help. I am government doc in faridabad. One and half year back Out of dispute my wife left me and also have taken my kid(daughter) in my absence. After it lots of reconcilliation but no results. I have put case against her under g/w act as she disallowed my meet with my daughter. She files 125crpc for maintainence for daughter. My wife is also well educated working as lecturer in gurgaon. My objection in case is she has left my daughter in hands of her old age nani in punjab while she was working and living in gurgaon. case is going on in punjab as child is living there so jurisdiction lies there. My child is also suffering from rare kidney disease. In their maintainence case us 125 they demanded 10,000 per month- 5000 for treatment expenses and rest as usual. I love my daughter so much and cant expect life without her and I ask my wife many times to have money outside rather than wasting money in court. But no reply. Now after about 1 yr, Judge have announced 5000 interim maintainence due to our objection if she need 5000 as treatment expense why dont she gave me medical bills and i can claim from govt as entitled for medical reimbursement. To that they say no she is alright now. So judge gave order of 5000. But I actually wants my daughter back. To this judge says some very irresponsible statements -- judge says me you shd better know that child usually goes to mother ( a statement which contradict whole thoery then why it is said paramonut consideration is welfare of child. It shd be paramount consideration is mother of child.) She even uses many statements regarding my demand of being rights as father. In terms of my demand of interim relief in terms of visitaion I demanded let child be handed over to me every saturday and return on sunday so equal time shd be there for have fair justice play in petition of custody. SHe says no to get my kid outside. She says you meet here in court on day of giving maintainence to her nani in court. What and absolute sh*t, Mixing two things maintainence and visitation, Is bringing kid in court and meeting there is called welfare of child. Doesn't child have to take leave on that day of meet in working court date. Is this called judiciary and their standards of being calling this "welfare of child".
Pls help me what should I do. I do not wants to have visitation in court( see negativity in court premises- depressed people, parties ruining each other, addvocates runing here and there, culprits, victims, cops,) Shall I go to high court. on basis of welfare of child not kept in head before making this decision, mixed two things inspite high and supreme court orders maintainence and visitaion are seperate things and even non paying of maintainence shall not come between visitation rights.
NEed ur views.
