SaiPrasad Seti (Self Job) 03 April 2015

Child Visitation Problem from Wife Brother

Hi All,

I am Prasad. I got Mutual Divorce in March 2014, I paid One Time full & final Settlement of 2.5 Lacs for Fixed Deposit for 5 Years. The Baby(Girl- 5yrs) will be with mother(Deepika). I accepted to pickup & drop of my child. Bcoz x-wife will have problem to pickup/drop. The Child has to right to visit to father place in Winter & Summer Holidays.

1)Not Less One week in Winter Holiday. 2) Not Less Two Week than in Summer Holiday.

Q1) In WINTER Holiday comes more than a week holiday are A)DASARA HOLIDAY(15 Days) & CHRISTMAS HOLIDAY(10 Days) will come...... So i can take for BOTH Week Holidays

My X-Wife(Deepika) brother is involving in our matter. Previously divorce is happen bcoz of him & family members to much involvement. But she listen Advice/decision of her Brother. But she changed the Mobile no & stays in Bangalore(City) & I stay in Dist 12hrs journey.

So her brother is SMS me & telling me Baby holidays will start from April 1st. But when i replied i will take her on 12th April 2015, But if dropping to Railway station if he is coming then. He has to pickup from my place to take baby (Bcoz I getting Second Marriage on 05/04/2015 )

He replied, we will not send the baby go to Police or Court. So I replied him the agreement is b/w Me, wife & Child not with ur family. So stay faraway from my daughter matter concern.

Q2) So How can i stop X-wife(Deepika) Brother involvement in my daughter matter.

Q3) How can I get the permanent Custody of Child. As my Second marrying girl is ready to take custody of child & ready to keep with us.

Please let me know more Rights for Father to seek baby, Not sending baby in Holiday or any apart from this let me know more suggestion ......

Regards,

Prasad

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2 Replies

Adv. Nikhil Seth (legal consultant (9867264707)) 03 April 2015

As at the out set you have relinquish your permanent rights to your wife in mutual consent divorce by opting for winter and summer holidays for your daughter . The same could have been decided at that stage wherein you had good chances of getting permanent rights of your daughter.

Where as your brother in law is involved you can file police complaint against him for interfering in your matter . IF it still persist than move before court and take order for him not to interfere in your matter.

You have an outside chance to get permanent custody of your daughter by moving before the court on grounds that your wife is incapable financially and shall not be able to nurture or give proper education to your daughter . On these grounds you can try . You shall be able to succeed if you satisfy the court on these grounds.

Regards ,

Adv.NIKHIL SETH ,

Mumbai

9867264707

FREDYCHARLES RK - Bangalore (Advocate) 03 April 2015

First of all, you are adults and competent enough to deal your life , sue and be sued ..so no third person should interfere all the more after your marriage.... If in bangalore, you can reach me at 9886627403. Fredycharles RK