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Uday (EMPLOYEE)     21 May 2015

Help: child access, custody and visitation

My wife is living separately with minor daughter (4 years) from past 3 years in another city. All efforts to bring her back to matrimonial home went in vein. 

I used to visit them regularly and on birthdays and anniversaries since they left. Off late June 2014, she has filed a divorce case (MC) where she is living under section 13, which is going on (Stage: Evidence from petitioner). On the other hand i have applied a G&WC case (July 2014) for child custody and visitation rights where im living. Looks like she is avoiding the summons sent by court (from one year).  Her advocate informed me to not to visit them and follow procedures. 

I'm not allowed to visit or talk over the phone. Gifted a phone to my daugher on her birthday which is switched off now. They are demanding permanent alimony, as she is well qualified and working im not agreeing to their demands. However, from past 1.5 years (Mar 2014) I'm sending volunterily a maintainance amount towards my daughter. They might file a maintainance case also in next hearing. We are heading towards a legal battle. I'm worried about my daughter n missing her. Please help.

Questions:
1. Can we file an application (in MC case) for visitation rights or to bring her to court where i can meet her?
2. What to do get the child access?
3. What to do if they are not accepting the court summons? 
4. Please help, she is already feeding all negatives about me and grandparents.

 

 



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 5 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     21 May 2015

Sir,

 

If she is not willing to live with you better seek divorce and move on .... But you can mention that you want the visitation rights of the daughter even after you gets divorced.

 

Warm Regards 

Kapil Chandna Adv 

9899011450

saravanan s (legal advisor)     22 May 2015

i think there is a way to serve summons in gwa case through the court when she appears for the divorce case.kindly wait for other experts opinion on this.that will help you

Jeya nirmala (teacher)     22 May 2015

Hi sirs,

Two years before my wife had gone our from my home with my son..after 3 months she gone to file anti dowry and domestic violence case against !e and my family members.then the  police concluded that  we  are not guilty.then they offer for a compromise and given us two months time to re start my life.meanwhile I got the permission thru police station to see my son fortnigghtlyu. Only two times she shown my son after that her brother refused to show my son and trief to assault me. My wife also suprted his brother and continuously not showing my son .

So I filed a case for divorce and I got the ex parts judgement last Oct 14. More than six months had gone till date she is not willing to show my kid to me.pls suggest me a r further legal actions.

I came to know that her mother and brothers only prohibiting her to shjpw my son to me.so I want to file a case againstmthem too.

Pls suggest.

Regards 

Prem

 

 

Adv k . mahesh (advocate)     22 May 2015

1. Can we file an application (in MC case) for visitation rights or to bring her to court where i can meet her?

you can file the petition in the court that she is already attending in divorce case and pray her to bring her daughter to court or any other place were you can meet her 

2. What to do get the child access?

as of now your daughter is only 4 years and court will not grant

3. What to do if they are not accepting the court summons?

request for personal notice were your lawyer will issue notice to them personally and takes acknowledgement

4. Please help, she is already feeding all negatives about me and grandparents.

when you meet her give your love and affection

T. Kalaiselvan, Advocate (Advocate)     25 May 2015

@Uday:  The notice under GWC case if refused by her then you can get an exparte order which will be more effective.  If it managed to return then you can arrange to serve the same in the court before the judge at the time of her appearance in another case.  Your lawyer will be having better ideas, discuss with him or tell us his opinions on this.


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