Srinivas (Owner) 08 May 2014

Letter to judge:asking to bring my son to court in dv case

Hello Learned Counselors,

I am srinivas from Mysore(Karnataka) fighting against false 498a and DV Case.

I have'nt seen my son(5Yrs Old) from August2013, he is with his mother. She refused to bring the child to mediation center to meet me, in spite mediator's direction. Also she is nor letting me to talk to him either over Phone nor near school.

NOW, i want to submit a letter to the judge in DV case stating that she is deliberately not letting me to see my child, which would help me in future. Please Suggest
Can i do it?
How can i do it?
Please let me know if there is any similar case as mine, Alo kindly let me know the format

My lawyer says it cannot be in written format, can only ask orally. I want to establish to the judge in DV case that she forcefully taking away my son from me. As she can claim maintenance as a wife n father of the kid, i have equal rights to see my son. Also i will file G&WC to get the custody of my son after court vacations.

Please help me. Thank you all in Advance.

Regards
Srinivas

9845494479

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6 Replies

SRISHAILA.DHARANI (Advocate&consultant) 09 May 2014

Hi Srinivas,

1.You can not write letter to the judge,hyst you can request the judge.Apart from this ,

2.please give a complaint to the nearest police station by narrating the events and ask their help to get see the child.

3.Please file a petition under g&wc, ask the judge for custody or visitation rights, with interim prayer for visitation rights,the court will definettly give you the permission.

Please contact me for further clarification if any.

srishaila,advocate,bangalore,9741425514,sdharani120@gmail.com

stanley (Freedom) 09 May 2014

File an application under Gaurdians and wards act and than file an interim application for visitation as the case proceeds . This itself may take almost a year till visitation would be granted . As you know your wife very well and her behaviour by not allowing you to visit the child you have to state to the judge that you require visitation at a police station and she can be within visual distance say 10 mtrs away . since than you can file contempt of court proceedings when she plays dirty games of not getting the child for visitation as per the court order .

T. Kalaiselvan, Advocate (Advocate) 09 May 2014

In a petition under the provisions of guardian and wards act, you may apply for custody of your child and as an interim measure you may file an interlocutory application for visitation rights of your child. If in mediation, she acts arrogantly, you ask the mediator to strike her defence, cut the mediation and revert the case to the regular court so that she feels the importance of it.

K.K.Ganguly (Advocate) 09 May 2014

1. File a petiton for visitation right with the help of police or at the Court,

2. Once directed, you can visit your wife's place with the help of police to meet your son,

3. Talk to your lawyer accordingly.

Biswanath Roy (Advocate) 09 May 2014

Visitation right of a father to visit his son is a legal right that cannot be infringed and interfered with or otherwise denied by your wife. Take help of a competent lawyer for immediate relief.