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subbu (sr engr)     27 November 2016

Cild vistation delayed

hi experts,

 I filed a divorce case in may 2014 ,due to harrasment mentally and deniel of physical relation for 7 years at KOllam family court,kerala and only one time the court took it for hearing and  direct us to appear for councelling ,after councelling there is nothing fruitful happened . now both party go for contested divorce case. I filed a child custody (boy and girl, twins). After may 2014 ( after divorce petion filed). I cannot see my children personaly or talk to them or even see them in photos . I left them during late 2013,when they 6yrs old.The family court kollam is postponding the case both the divorce and child vistation case almost 8 to 10 times.When enquired as per supreme direction since large number of cases are pending and directed the family court kollam to finish cases pending till 2010. Now i am totally depresssed and my advocate seems to have no answer ,he is saying we have to wait until the case is taken by court for hearing. I am unaware of the legal procedding. I am in my home town with my old age parents, my marriage is happened kollam where the case is filed and she is residing at bangalore with kids along with her mother. I am ready to meet the kids even at bangalore .,but with court permission. Since My wife and her mother in law is staying with kids and there is no male person, either her brothers or her father (expired). Mother in law is wicked and cruel ,because of her all this happened. If i go to see my kids at their home in bangalore , Mother in law will go to any extreme to put me behind bar by claming rape attemt or DV. so i want to move leagally. so I am in need of experts help to have any alternate  way either through high court or anything legally to see my kids anywhere of there choice except their hous . please advice

Thanks experts expecting.with hope



Learning

 5 Replies

adv.bharat @ PUNE (Lawyer)     27 November 2016

Sabu ji to get child visitaion right court proceeding to be completed.

 


(Guest)
Don't worry about cases. Just go to their place and see your children. Or find out their school and visit there. Forget about divorce. Withdraw that petition. It is useless for you. With two kids, courts rarely give divorce. If kids are important for you, file GWOP in the city they are residing and ask judge to direct the mother to produce the children. She has to otherwise court will grant you custody. All this bears fruit only if done in her city. Good luck.

(Guest)
Don't worry about cases. Just go to their place and see your children. Or find out their school and visit there. Forget about divorce. Withdraw that petition. It is useless for you. With two kids, courts rarely give divorce. If kids are important for you, file GWOP in the city they are residing and ask judge to direct the mother to produce the children. She has to otherwise court will grant you custody. All this bears fruit only if done in her city. Good luck.

(Guest)
Don't worry about cases. Just go to their place and see your children. Or find out their school and visit there. Forget about divorce. Withdraw that petition. It is useless for you. With two kids, courts rarely give divorce. If kids are important for you, file GWOP in the city they are residing and ask judge to direct the mother to produce the children. She has to otherwise court will grant you custody. All this bears fruit only if done in her city. Good luck.

(Guest)
Originally posted by : subbu
hi experts,

 I filed a divorce case in may 2014 ,due to harrasment mentally and deniel of physical relation for 7 years at KOllam family court,kerala and only one time the court took it for hearing and  direct us to appear for councelling ,after councelling there is nothing fruitful happened . now both party go for contested divorce case. I filed a child custody (boy and girl, twins). After may 2014 ( after divorce petion filed). I cannot see my children personaly or talk to them or even see them in photos . I left them during late 2013,when they 6yrs old.The family court kollam is postponding the case both the divorce and child vistation case almost 8 to 10 times.When enquired as per supreme direction since large number of cases are pending and directed the family court kollam to finish cases pending till 2010. Now i am totally depresssed and my advocate seems to have no answer ,he is saying we have to wait until the case is taken by court for hearing. I am unaware of the legal procedding. I am in my home town with my old age parents, my marriage is happened kollam where the case is filed and she is residing at bangalore with kids along with her mother. I am ready to meet the kids even at bangalore .,but with court permission. Since My wife and her mother in law is staying with kids and there is no male person, either her brothers or her father (expired). Mother in law is wicked and cruel ,because of her all this happened. If i go to see my kids at their home in bangalore , Mother in law will go to any extreme to put me behind bar by claming rape attemt or DV. so i want to move leagally. so I am in need of experts help to have any alternate  way either through high court or anything legally to see my kids anywhere of there choice except their hous . please advice

Thanks experts expecting.with hope

Once you have approached court of Law, you will have to wait until it decides your case, simply going there to see kids etc will only create few more cases on you and increase your BP.  You are unfit to be a father and your wife unfit to be a mother, if you both were reasonably mature people, you would have thought about kids first before taking any decision regarding your marriage.  You had already spoken to me some time back regarding your problem.  Once you take marriage lightly, these are all bound to happen.  End result is everybody will suffer.  This nobody will understand in heat of moment and take wrong decisions.  Now dont follow some idiots advice like above Venkat, and go to wifes place of living and create nuisance, that will boomerang.  Wait till you have proper orders from court, or just go fall to feet of wife for sake of kids, as she has upper hand in this case, as she has custody of kids, and as you are in need of kids love, you have to adjust with wife and her mother.  Instead of sitting and breaking your head, go back to wife, take back all the cases that you have filed in court and settle with wife amicably for the good of everybody involved.  This suggestion I had given last time also.  You dont seem to be sober enough to understand any suggestion that is given and implement it.   Now also there is lot that you can do to mend this relationship, what it needs is a will and heart.

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