My child is 4 yrs old and with my wife.
Wife filled 125 Cr PC and i am giving interim maintenance. 125 main trial is on.
I don’t want to file custody case considering the tender age of my child where she need mother's care most.
Both I and my wife are stating 1500 km apart. I am at my work place where as my wife at her father’s house.
Native place of both mine and wife are same. So I visit my home/ native during leave and stay for approx 7 days.
During my leave at native place, I usually reach my child's school to meet her after end of school hour. It is matter of just 2-5 minutes I could meet my beloved child, which give me immense pleasure .
After came to know such thing wife asked school authority not to allow me to meet child. She also instructed the cab driver not to allow me to even reach near to child. SHE is also arriving at school after classes over to prevent me to get closer to my child.
When i ask my lawyer to ensure my access to child he said i have to apply for fresh custody case and from there visitation right will be asked. he also said that as because i stay far away due to job and visit my native unscheduled manner, so judge cannot give any order as visitation orders are scheduled ( like every 1st and 3rd sat day)
As I am paying maintenance. So is it possible to move an application to 125 Cr PC judge for granting visitation right at least on the day of 125 trial