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Need Advise (def)     19 March 2018

Child visitation

Dear Learned Friends,

Divorce case with wife is in progress since July 2014. In Mid 2015, I had filed for child visitation. 

Court was giving me 2 hours visitation each time I would pray orally. In Nov 2016, court gave me 2 hours visitation every alternate weekend and awarded full maintenace to child even though my wife is working and gets good.salary.

We approached the high court. Hight court awarded 4 hours visitaion every alternate weekend and made this an interim order. In a subsequent date, the other party came with the child who is approaching 12 years. High court talked to the child. Child might have not given a willingness to meet me. So, judege indicated this and told me to accept the previous order or the court will go for argument. We requested court to give us more time. 

Now, is it proper for the court to conduct child interview for child visitation? Obviously, such interview will go against the non custodian parent. My opinion is non custodian parent should be given enough visitation so that bonding can develop with the child and a level playing fieild is established between the warring couple. With visitation, child starts understanding the father and an interview is conducted and based on such interviews we dont enhance the father meeting up the son? Is it proper? He has started meeting for just 4 hours every alternate weekend. All the remaining time, he is with mother and her relatives who tutor and brainwash the child.

How will I get enhanced visitation in such case. I dont feel the very fact that I was given simple 2 hours visitation every alternate week that too after 1.5 years of filing itself was justified. How will non custodian parent ever get a level playing field to file custody? Are there citations regarding the same?

Thanks,

Siddhartha

 

 



Learning

 2 Replies

Vijay Raj Mahajan (Advocate)     19 March 2018

You plight as father well understood. This very wife/mother one day will with folded hands will handover the complete custody of your child and that too unconditionally.
1 Like

KISHAN DUTT KALASKAR (Advocate)     21 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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