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anononymus (Business)     16 July 2010

human rights violation

If my wife living with me and two of my minor children, does not allow my children to meet my parents i.e their grand parents. Does it not amount to human rights violation by my wife. What action can be taken against my wife by my parents in such a case ?



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 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     16 July 2010

Talk to her amicably yourself, take the help of friends/relatives and convince her that the love and affection of grandparents is also essential for the children.

(Guest)

"You don't really understand human nature unless you know why a child on a merry-go-round will wave at his parents every time around - and why his parents will always wave back". ~William D. Tammeus

1. Kindly read United Nations Convention on the Rights of the Child (UNCRC) to understand what nature of this violation it is actually instead of it being generic referred as "Human Rights Violation".

2. In many Indian families the asked que. is coming out of the closet, since the Child rights overrides one spouse control over a child's best interests the simple way out at begining stage is to take wife for counceling with professionals so that she learns effects on child on alinating a child from the company of grandpaprents which is not in the best interets of the child. 

3. If the above soft method fails then grandparents may simply move an Application under GWA using Section 12 and ask for proper "visitation of grandchild" with grandparents. But this method may bring in legal rebuttals from her side and may turn into ugly custody battle lalter on so be educated enough to understand child rights and welfare of the child first and be cautious and act wisely by trying softer methods first.


Rgds. 

K.C.Suresh (Advocate)     17 July 2010

It is a question of humanity. If the husband failed to create an amicable sitution I don't think others can. May be in exceptional cases in exceptional circumstances. The grand parents are the parents of of the husband. When they become old they have confined into the love and affewction to grand ones. This is human. Not possible in animals. Your wife in which category is a fact to be decided by her. However let the Grand ones go to court for relief.


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