Shaak (XYZ) 19 August 2010

Grandparents visitation application

Mother is mentally ill a guardianship application was filed by the parents of the mother in PDJ court(proceeding conducted for 4 yrs). Custody of mentally ill mother was given to her parents under mental health act of 51,52 for the reason that there is huge fight between the families of husband and mother and such situation is alarming. The parents of the mentally ill mother made almost each and every allegations againts the father like he is trying to kill his wife...not giving her medicine...he has held her captive...and what not.....but could not prove anything against the husband...

As son was born and raised by the father and his family members(6 yrs old") and parents (grandparents of the mentally ill mother has not even seen them till date -- as they are not interested in child but are only interested in harrassing the father of the child...

Now if the grandparents -- parents of the mentally ill mother files a application for visition of child to harass the father as they are no way concerned about the welfare of the child..and they want to make the child and his father life public by going to media and playing their vidoes and showing their pictures in the newspaper etc etc..-- they have gone to police station many times...have contact many policitians using their influence..and threatened to kidnap the child and accuse the father or file false case against the father...gone to underworld etc etc.. a assualt cases b/w the family was also registered in court

1. will grandparents visitation will be allowed ?

2. How long will it take if the father wants to challenge this upto untill SC -- as father is very protective of his child and the interferance of grandparents in their life can have a very bad pshchological impact on the children... and more over grandparents have already gone to media,

Such being the case if visitation are granted to grandparents it can result in completed disturbance in the harmony of the fathers family... and grandparents can have bad influence on the upbringing of the child...

Please advice

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4 Replies

(Guest)

1. The grounds are not strong and mater would get delayed to get relief.

2. Even if visitation is granted put condition of supervissed with visible distance and not hearing distance and only during day time convenient for the child keepign his age, education, extra curricular activities etc.

3. You should have taken injunction against the g'parents if you have evidences of media trial and other related facts as alleged in your brief. What is stopping you not to do that ?

4. A non custodial parent and or grandparents have as much rights to meet child as uch as the custodial parent current rights. All depends on presentation in presented briefs which slope the case may ever flow once on floor of 'wise Court" in such matters.

(Guest)

Correction: In para 1 reply read for g'parents just becuase for some years they didnot meet is the major ground. A wise family court advocate will teach you the justification better than me :-)

Shaak (XYZ) 20 August 2010

Yes i have filed a PCR for defamation almost 1 year back against the grandparents though i am yet to get congnizence in this PCR. I have included start news channel - -- who had telecast my videos on Sansani program and other national newspaper. Can i get injunction against the grand parents while pending PCR and how good case i can make against them when it comes to visitation rights

(Guest)

Jahapanha I understand your aprehension but with respect saying without full brief with time,place,events supported with cause of action atleast take small wisdom and move ahead hiring some of the best professional brains in Bars to support your cause instead of askign the end result as one stop syrup. harsh wordings but these forums are for small small doeses of get go bye helps andnot for entire cases Judgment related. Hope Sir you understand what exactly I mean as reply to your third post quesitons.

In short I mean to say try toh karo end result milega case strong hai, mark nahi de sakta abhi kyuki samne wali party bhi strong hai........