AG (asf) 15 July 2012

Kids got to visit father even when no maintenace paid

There is a Bombay HC ruling on May 21, 2012. This is cited in Hindustan Times the next day (May 22, 2012). As this matter is still pending in HC guess I cannot get the copy of ruling from the Bombay HC website.
My personal matter is pending in Pune. I wonder if I can take the paper clipping (or print out from website: https://www.hindustantimes.com/India-news/Mumbai/Kids-should-not-be-prevented-from-meeting-their-parent-HC/Article1-859397.aspx ) to support my case.

The ruling is as follows:

Mumbai, May 22, 2012 (Tuesday): The vacation bench of the Bombay high court on Monday observed that no child should be prevented from meeting either of his or her parents. The court was hearing a petition where a mother had challenged the family court’s order allowing her five-year-old son’s father to meet him during the child’s summer vacation.

The vacation bench on Monday, however, rapped the petitioner for trying to trick the court and refusing to send her son to her estranged husband during summer vacation.

A vacation bench of justice SJ Kathawala and justice PD Kode was hearing a petition filed by a woman from Pune challenging the Pune family court order giving custody of her son to her estranged husband for a month.

According to the petition, the couple had married in 2006 but filed for divorce in 2009.

The family court had directed the wife to send the son to her husband on May 9.

The wife had however refused to send the child and approached the high court alleging that her husband was mentally unstable and she could not risk sending her boy to him. The petitioner’s lawyer told the court on Monday that the husband also had a history of physically abusing the wife.

The lawyer further claimed that the husband has not been paying maintenance to the wife for the child’s well-being.

The court retorted, “Why allege the father is mentally unstable when the real problem is that he is not paying maintenance?” No child can be deprived of meeting either of his parents, the bench observed. Justice Kathawala, while directing the woman to allow the father to meet his son, warned the petitioner not to play “tricks with the court”.

“You cannot use tactics like claiming the man is mentally unstable,” the court observed.

The matter has been posted for further hearing on Friday

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4 Replies

Tajobsindia (Senior Partner ) 15 July 2012

Originally posted by : AG
	There is a Bombay HC ruling on May 21, 2012. This is cited in Hindustan Times the next day (May 22, 2012). As this matter is still pending in HC guess I cannot get the copy of ruling from the Bombay HC website. ??? My personal matter is pending in Pune.

The reference daily Order is very much there at Mumbai HC official site.

The first one which is referred in your alleged News is annexed with this reply and second is annexed in my next reply post.

However now try to do some self help with 11th. June Order

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Tajobsindia (Senior Partner ) 15 July 2012

The second Order is annexed with this reply

Still I suggest you to self help with 11th. June Order and put the same here as self find and complete your quest!

PS.: Here is actual free help I can offer to your cause title;

1. Instead of fishing out farted news items where ld. PO says so many things in open Courts in daily dealings which gets wow news reported by media house do some real ground breaking work in your child custody cause locally i.e.

- File an RTI to Mumbai HC and ask for copy of Mumbai HC Approved "Child Access and Custody Guidelines" No. A (Spl) / Misc. / 5 / 201 1 Dated : 6th January 2011 binding on all Family Courts in State of Maharashtra. Ask them to give you a Copy of this Booklet titled – Child Access and Custody Guideline which State’s HC approved by way of above reference no. letter of even no. date and circulated to all Courts below it.

2. This is Golden Guidelines ever approved by a State’s HC till date in India. By receiving its true copy by way of RTI reply from Mumbai HC annexed with some 36 page official booklet your cause title at Pune's Family Court will become binding and the Family Court cannot fart more than what you feel they are doing by not giving you access to your own child.

3. This HC approved guidelines booklet is a painstaking remarkable work of a Mumbai based NGO which got approval as binding to all Family Courts across Maharashtra vide HC’s above reference.

4. RTI replies are admissible in Court as per Indian Evidence Act.

Act smart instead of solely dependent on some news clipping of some newspaper. It does not work legally except 'persuasive pleading wise" is my view. And who cares for a father’s persuasive pleadings when a typical sari, sindoor and glycerin abala is his competition in family courts J

Take this reply as you / readers wish but that is the way child custody cases are to be fought by natural fathers.

Attached File : 214367582 wp1442712250512[2].pdf downloaded: 276 times

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AG (asf) 17 July 2012

1) Thank you Sir a lot for the reply. Insterestingly, I found a link containing "Child Access Custody Guidelines" as pdf:

( https://498amisuse.files.wordpress.com/2012/02/child-access-custody-guidelines-approved-by-bombay-high-court.pdf )

Do, I still need to get the official copy for court purpose or the print out of above will suffice.

2) I went to Mumbai HC website. I clicked the button called "Causelist". It only allowed me to view from 26/6/2012 to 16/7/2012. I wonder how you were able to get the order ones.