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JItendra Baishya (others)     26 March 2012

Not happy with visitation rights awarded in mediation centre

 I am a victim of misuse of 498A,I have seen my daughter of 3 yrs just few days back after a 6 long months.I have been awarded with 2 days of visitation right to my daughter for the first two months in district mediation centre.

 I am not happy with this decission of the medaition centre since my wife and her family members have no right to deprive my daughter from my love & affection.

 Kindly suggest how do I get visitation right to my daughter everyday,I will be ever greatful to you?

 My wife is a school teacher and I want to keep my daughter with me during her school hours which will help my daughter to get affection from both her parents.

 Do I approach the honourable high Court, kindly suggest.



Learning

 8 Replies

rajiv_lodha (zz)     27 March 2012

U put petition under GWA Guardians & Wards Act & seek visitation rights therein. Mendling in Mediation Center for these rights will not serve ur purpose

JItendra Baishya (others)     27 March 2012

Dear Rajiv Sir,

Thanks a lot for your reply. I have already filed two different cases in family court u/s 9 of Hindu Marriage act & u/s 25 of G&W Act 1890 and the family court has sent us to district mediation centre in Guwahati.

Now the Mediation Center is delaying the whole process, can I approach High court before family court gives any decission.

Moreover my wife & her family members have filed false 498A case, I have tried to meet my wife many times to have a discussion to short out the problem & for reconcillation but this time she is not agreeing.This is for your information,this is the second time my wife filed 498A against me. She once filed last year & some how I convinced her to reconcile.

Can I file any case on my wife and her family members since they have filed false case against me & my family members whereas my family members donot stay with me and they use to interfere in our marital life.

I want to teach them a lesson so that misuse of 498A can be controlled.

Thanks a lot once again.

 


 

JItendra Baishya (others)     27 March 2012

kindly read as; my family members donot stay with me and they never use to interfere in our marital life.

JItendra Baishya (others)     27 March 2012

Originally posted by :JItendra Baishya
"
kindly read as; my family members donot stay with me and they never use to interfere in our marital life.
"

bhima balla (none)     28 March 2012

The problem with child visitation is quite real and very unfortunate:

1) It looks like a deliberate effort to take the child away from father on one pretext or another.

2) Yet make him pay child support.

3) The extent of child visitation and the quality is pathetic. Sometimes child visitation is 2 hours to two days a month.There is even instances of child visitation once a year on the child's birthday. Is there any rationale to it?

4) Yet fathers can be quite easily accused of child abuse and be barred from the meagre visitation rights. What could one expect, when to a child, fathers are rather strangers! If that is also accompanied by mother's 'coaching', it is even worse! There is no safe place for a child to interract with the fathers. These are completely unaddressed issues in a country that claims to be all about protecting children's interests! Amazing!!

kumar101 (clerk)     28 March 2012

All laws are against men and you need to fight really hard for custody. So, adopt a daughter, if u can't get access to yours.

rajiv_lodha (zz)     28 March 2012

Originally posted by :JItendra Baishya
"
Dear Rajiv Sir,

Thanks a lot for your reply. I have already filed two different cases in family court u/s 9 of Hindu Marriage act & u/s 25 of G&W Act 1890 and the family court has sent us to district mediation centre in Guwahati.

Now the Mediation Center is delaying the whole process, can I approach High court before family court gives any decission.

Moreover my wife & her family members have filed false 498A case, I have tried to meet my wife many times to have a discussion to short out the problem & for reconcillation but this time she is not agreeing.This is for your information,this is the second time my wife filed 498A against me. She once filed last year & some how I convinced her to reconcile.

Can I file any case on my wife and her family members since they have filed false case against me & my family members whereas my family members donot stay with me and they use to interfere in our marital life.

I want to teach them a lesson so that misuse of 498A can be controlled.

Thanks a lot once again.

 


 
"

Better stay clear about your aim. On one hand u apply for Sec 9 & on the other u cry wolf................She has put false cases upon me & i want to teach her a lesson???? What is this double game. At least ur words & actions shud match.

So take a deep breath, analyse the whole situation, assess ur strengths & weakness................then get an aim, what u want exactly, then be firm on that & move in one directin ony. Methods are in plenty.............but u shud have a clear aim. What sec9 is doing here, she has blasted a nuclear weapon & u are trying to live with her.

In my view..............u may take it or not:

1) take back sec9

2) try to clear all matters via mutual consent if possible thro' elders

3) If she does not provide such platform upon ur request OR puts unrealistic demands, Give her complete fightback.......................come out of Mediation cell with failure reposrt & pursue ur GWA act case with full vigour. Its quite sure taht u get interim visitation rights when case resumes

God Bless

JItendra Baishya (others)     29 March 2012

Dear Rajiv Sir,

Thanks for advice,its really time for me to be realistic.I have decided to take back u/s9 but will definitely fight for GWA.Actually I wanted to give her one more chance,but she is not at all interested.

What to do now to teach them a lesson, what case can I file against misuse of 498A against me & my family members.I have already fild one online complaign in National Human rights commission<does it work?

I tried to make one petition to file a case against them, I have sent one attachment stating few allegations on them, Kindly have a look and advice.


Attached File : 561875640 medhi.doc downloaded: 127 times

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