LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RanjithKumar (A)     03 October 2012

Male desertion

Hello,

       As I am deserted by my wife under the misguidance of her father after a child birth and even I am prevented to visit my boy since the II day of birth. They have no valid reasons except that they want me to be in her fatheer's control and this was the situation they were waiting to crush me. I have issued a lawyer notice also stating to come and live with me but there is no reply. Now can I demand her to bring and show my child in common place weeekly but I dont want divorce.

Tanesh.R



Learning

 3 Replies

Tajobsindia (Senior Partner )     03 October 2012

1. Demand - NO
2. Hire an Advocate via reference or via LCI database search locally. File a standalone S. 26 HMA visitation case (if in location where the child is currently living has a Family Court formed as per Family Court Act, 1984) otherwise use Guardianships and Wards Act section of The Act to file one Applciation for visitation and there you will get Order to visit your child under supervision as the child is just II day old as you say to us.

 

RanjithKumar (A)     04 October 2012

Thanks a lot for the reply. I suppose you said "NO" for asking her to show the child at a common place since we r not divorced. Is the only possible way is to go to her home to meet the baby.(8 months old)

Sincerely,

Tanesh.R

Tajobsindia (Senior Partner )     04 October 2012

1. Yes.

2.
Options are several and one among earlier hinted in one of my old messages herein LCI is to seek one of the court staff on payment basis from natural father for escorting as in a supervised interjection during to start of visitation being allowed with 1 hour daily visit initially to begin with and report submitted on such meeting(s) by your own Hon'ble Court staff to grow into it later on should be plead persuasively before the Bench…………..

3.
Calling 8 months old child with mother to a nearby temple / police station / court / ngo’s office / ld. PO’s home / shopping mall in the evenings (
J) etc. should be avoided in the very beginning of visitation start of events citing child is only 8 months old and since I will receive hostility at all places except if allowed at your honor's home by being ALONE hence para 2 be allowed initially for one or two occasions and as and when situation becomes conducive even para 2 can be dispensed away Hazoor from relationships building of natural father with his only newborn child and Hazoor an 8 months old cries more than his mother so..... a child is askign your Hon'ble court's staffs hand for only 2 evenigns for 1 hour each and I am sure even your staff would love to say yes, kindly ask one of your staff for the sake of my child Hazoor........and I am ready to give return conveyence expenses too Hazoor for your staff for these one or two evening intially............... !!!!.

Persuasive reasoned fatherly pleading r/w thinking much much far ahead and putting devi ji first into a box and simultaneously a seasoned ld. PO into same box is best way for them to wriggle out themselves and you will remain interested spectator to their ordeal of the day in open court to decide where natural father should be best positioned to meet a poor 8 months old child of his !

Believe me this is what you will experience under para 2 on argument day if plead correctly with your foot down and if not allowed then immediately take it to superior Court instead of succumbing to it.
J 

All above is based on 8 month sold tiny soldier based.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register