How to get visitation rights

Dear, file the application for getting the meeting /visitation rights in the same suit,

subhash kumar, adv

 I dint quiet understand how your wife torcures u..But since u used the word cruel....Let me also throw some light on the meaning of cruelty

Where the wife threats to commit suicide, it would amount to mental cruelty caused to the husband. Ranga Rao V.Vijaylaxmi 1990 (1) HLR 601.

Where the wife refuses  to have s*xual intercourse and there in no reason for such refusal, that would amount to cruelty subjected to husband.- Radhey Shyam v.Kusum 1990 (2) HLR 230

Petty quarrels between husband and wife cannot be so serious as amounting to cruelty and entitling husband to move for divorce.- Tapan Chakravarty v. Anjali Chakravarty AIR 1993 Cal.10

Cruelty may depend upon the type of life the parties are habitual of, their economic and social conditions, cultural and human values to which they attach importance may also lead to the conclusion, whether the instance falls within the expression “cruelty”.-Narayanan V. Sri Devi AIR 1990 Ker 1

How many times has ur wife not attended the case?

From all this i understand that your wife is being misguided and also doesnt wana seperate .

But if u seek Divorce on grounds of cruelty and if u suceedThe court will on a later date give u visitation rights...There is not fast track relief for this...

        My father purchased a land in 2009. my father decided this land owner to me.

        So what is the procedure to transfer that property in my favour & best cheap budget.

        please suggested this problem

section 12 of the Guardian & wards act 1890 has provision for temporary custody (visitation rights)

1. Sack your current Lawyer that is the first thing you need to do.


2. Now assuming you filed Divorce - S. 13 (1) (ia) sometime in Feb. 2009 or March 2009, notice etc. were served and she filed via her Lawyer S. 24 HMA sometime it seems in Aug. 2009 whereas it is your Divorce case and you are saying notice was not served in S. 24 HMA (Maintenance) to you. You are supposed to keep tab of yoru case not her !


3. Further my guess is that before Nov. 2009 the trial Court might have give 1 - 2 dates and it is natural a expecting lady will seek medical leave of the Court. But, she utilised the labor period into filing TP (C) to transfer the case from yoru home town Hyderabad to her matrimonial district (Warangal).


3. Here, the first child is born in Nov. and today is start of Sept. 2010. I understood you were not allowed to meet the child when you visited mother and child. But, who stopped you to call 100 No. from outside the Hospital and take Police PCR help to meet your child? ? And why no Visitation / Guardianship Petition is been filed even at Hyderabad Family Court by your current lawyer when the child is born almost 9 months back ?


4. Has she taken stay from HC till disposal of TP (C) (transfer petition - civil) to her home district ? I don't see this stay stuff in yoru brief ?


5. If above are factual position of parties then immediately S. 25 GWA and S. 12 GWA Petition / Applicaiton at Hyderabad Family Court (Your brief does nto say which Family court as there are two in HYD) with immediate interim Order on "first meeting the child at Warangal till disposal of TP (C) at HC" Pray court to bring the child at a neutral place so that you and your family can atleast see the child for the first time. Make you and your parents Petitioners in Guardianship / Visitation petition / applicaiton so that in future there shall no need arise for grandparents to file seperate visitation application !.


OR


6. You still can file a HCP at HC which will bind her to produce the child at Court where you can pray for few hours of meeting with your family the child in Court complex and simultaneously additional prayer for visitation of child till disposal of TP (C) could also be prayed or atleast give direction to trial court to dispose visitation application within 2 months this is the surest thing you must pray with confidence. HCP at HC will work if you act fast now as it is almost 9 months; she not with you and in Nov. '09 the child was born and since last 9 months you are not allowed to meet the child and don't know if the child is with her or with her relatives are the grounds !


The para 5 - 6 are the options you have if visitation is the important issues and if you relocate para 1 immediately and get a new Lawyer then it is possible to see / feel / meet your own child in less than 15 days the date you file HCP at HC. Andhra Family Courts (both locations) as well as HC are quite sanitised by SIF local chapter as far as child custody / visitation Orders are concerned.


All the best.