(Guest)

child visitation rights

Hi All,

I need some legal advice.

I have been married to a woman from Nov 2007 and from date she and her inlaws used to torture me (for even petty issues) stating that they will lodge complaint in police station and have also done it many times including putting DV (later withdrawn by her after i handever over the birth certificate), Complaining in multiple women police stations etc.

I have a seperate own house (Flat) where I provided all facilities for her (my parents have bought another flat in same apartment complex - as I am only son).

I have 6 yrs old daughter , and she seperated her from me (keeping her in her parents house in same city) and my parents stating that we are telling against her (which is wrong as she is simply over possessive towards her daugther and does not want her to get attached to me or to my parents).

Now she also deserted me for past 8 months , I filed RCR (for which she is not appearing ,only sending her lawyer for hearings), she responded with CrPC 125 Maintenance in High Court which is proceeding with 2 hearings and judge trying to reconcilate / councelling to make us join.

Now , since these 2 cases are going for long time , I have 2 questions:

(1) Can i file for Interim Visitation / Visitation (as my kid is very affectionate towards me and getting mentally affected - i learnt this after visiting my kid once in her school where her teacher stated the same)

(2) Since my wife wantonly deserted me (without any sufficient reason) , only reason she is stating to judge is that we are preaching my kid against her , and interference from my parents (which is not true as they are living seperately) , would she be granted , Maintenance (she is demanding huge amount of Rs. 40000 PM) , she is also working , I have the evidence through her photo present in her company's website.

Since this is not a divorce case and I had filed RCR even before she filed for MC case , if she is awarded the maintenance , then there is no reason that she will join me and it will set a wrong example for every woman in the country to follow the same practice.

Please advice as I am greatly stressed (Im seeing my kid getting mentally distrubed in front of my eyes even though could not do much)

Thanks,
Sathyan

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2 Replies

ajay sethi (lawyer) 16 June 2013

1) you are entitled to visitation rights of your child . based on your instructions your lawyer can file for vistation rights .

2) you have stated that your wife is working . you have not mentioned what is your income and how much your wife is earning . . if you have documentary eviddence of her income produce the same before court . after considering evidence on record court may not award your wife any maintenance . however you are bound to maintain your child .

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(Guest)

Dear Sir,

Thanks for the update...I am fine to maintain my child ....(also will try to get the visitation right).

However regarding general maintenance in my case , as I aready reiterated , I am staying alone in my 3BHK apartment (that I bought specifically for leading a family life).

Now since the court trial is going on and she is asking for maintenance , she is not willing to come back to my house....(as I am staying alone , I locked my house for past one month and I am staying in my parents home which is the same apartment complex - different flat).

Now my question:

When she is not willing to come join me in my house (inspite of me asking her to rejoin and putting RCR) and she asking for maintenance, and since my house is just locked for , why cant i just rent the house (since no one is living there) and get the rental amount for maintenance (Please note that even though the house is locked , I am paying for the House Maintenance , Water , Seweage etc for that house).

Now in order to do that , I need to get some of my wife belongings there (like her Almirah etc) to be taken back by her to her custody so that there will not be any problems later (in current state if I rent the house , she might state that some of her belongings were stolen etc).

Is there any Section or Judicial aspects where I can file to have her belongings vacated , so I can rent the home and get rental amount for her maintenance (Please note that I have always asked for her to live with me , but if she is adament and wants maintenance and also does not take her beloginings , I have to pay her the maintenance + house maintenance + others , unnecessarily while the house is going to be locked up for ever without any use.)

Please advice...

Thanks..

Reg : rcr / maintenance / child visitation rights

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