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Child visitation rights - judge's hesitation for order

Dear Experts,

Mine - RCR fighting for 2 years (Mediation settled with my wife earlier for Reunion and later backed out by her)

Mine - Child Visitation Rights (for my 8 year old daughter pending from June 2013 , no order yet);

Her's - 125 CrPC with 2 Interim Maintenance (not willing to come live in my own seperate house ;seeking house near her parents);

All cases still pending ; No orders on any of these cases yet !!!

Last hearing in court hearing , I stressed the fact to Judge that Visitation right pending for long and Judge was convinced on all aspects and ordered my wife/her lawyer to produce the child along with her in next hearing this Saturday....and if she does not , she will pass on the Visitation orders...

Note - My question , when all aspects were cleared , why is that Judge is very hesitant on passing orders and asking to produce the child (without orders)...Clearly , this arrangement will NOT work for me ...since I know that my Wife will easily manipulate this arrangement after 1 or 2 trials....

Another question - now even if my wife brings my child , is that all :-( Will I again have to fight for another decade to actually get the visitation order (to see my child for second time :-(

Please kindly advise...

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2 Replies

N.K.Assumi (Advocate) 08 October 2014

I don't think the judge is wrong. Before passing such visitational rights the judge has to examined the psychological conditions of the child now 8 years old, his/her acclimatization with the mother or father, living conditions of the spouses that include the responsibility of the father and Mother, character etc. These issues are very sensitive,and no judge would pass an order in haste. So just wait for the order of the court and your wife to act.