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ANEESH TRIVEDI (ADVOCATE) (Advocate)     17 October 2012

Reverse swing agaisnt wife

Dear Expert , very interesting but legally sound step / enquiry:

Facts: Wife took child to her parental[600km away from matrimonial] home not allowing to husband to meet her?

           [ case 498A only that was false is going on in court where husband living]

husband want to meet her daughter or say harrase wife also

he decide to file a case for visitation in that he request to court

Question:-- When wife go to school for job at that time he want to spent the time with her daughter daily. for that he is ready to live on road on platform or want to rent a house near to wife home town?

[but he want to meet her  child daily no matter if he may fail one or two days duing his visit]

husband having the fear that wife may try to put flase fir against him but " what FIR will be more power ful that 498A.

what will be the view of court on this, it is acceptable or not?

this idea works. its pros and cons ?
 socially /legaly.



Learning

 14 Replies

Tajobsindia (Senior Partner )     17 October 2012

1. The reasoning is well accepted by Courts. That is what father is required to do instead of burning more bandwiddth on cause title!
2. In fact one natural father (Husband) exactly did that by shifting job to place where child lives (If I recall correctly then it was some 1200 kms. away) and took a rented flat just few blocks away from child ordinary residence and he is now happy meeting daily his child courtsey HC Order in hand.

1 Like

stanley (Freedom)     17 October 2012

Agree with the above views but 

1. Than what when wifes says husband is all alone with child and husband may brain wash the child .

2. And wifes says child does not want to meet the father

3. what when wife says husband may rape daughter if left all alone with father , Husband is drunkard ,If male child involved husband may sodomise the child etc 

:)

 

Tajobsindia (Senior Partner )     17 October 2012

All ifs and buts are in once mind and not legally tenable and for the same few checks and balances are there as the cause title 'arise' !

 

A mother has only three (3) maximum inferences to draw to deny custody to natural father and those three (3) I spoke about if I recall correctly sometime last to last year, dig the so called wise three (3) point something and act accordingly after self answering below que.

 

Que. you shall ask to yourself - Then why chase for child (female) custody ? 

 

Also there is a Indian Judicial proverb;

"A Father thinks and thinks for his grave whereas a mother just acts and acts for her cradle"

 

[You = generic]

stanley (Freedom)     17 October 2012

I got my answer for  if and butts are not legally tenable and now i can rebute the same  :)

ANEESH TRIVEDI (ADVOCATE) (Advocate)     17 October 2012

Originally posted by : stanley

Agree with the above views but 

1. Than what when wifes says husband is all alone with child and husband may brain wash the child .

2. And wifes says child does not want to meet the father

3. what when wife says husband may rape daughter if left all alone with father , Husband is drunkard ,If male child involved husband may sodomise the child etc

 

I do agree with the above as tajobs sir said and is correct as the law is biased and father is ready to left from his job just for the sake of daughter [ some also take it as revenge to wife or to tease wife ] as wife may object as staney sir question :

1. Than what when wifes says husband is all alone with child and husband may brain wash the child

query : wife also object on the same when husband meet child for an hour or two hour aftet getting the order of visitation weekly, monthly, and same allegation can be raised by husband on wife,

2. And wifes says child does not want to meet the father

query : when child is minor of age 2 year then how child say like this? how many times one two three ...not daily

and if such situation arise the what the husband will do?

as it is the mind cum ego game or war between wife and husband and their leader or say knights are advocates and lawyers.

3. what when wife says husband may rape daughter if left all alone with father , Husband is drunkard ,If male child involved husband may sodomise the child etc

husband may also say wife is keeping his daughter for misuse in future or to harase husband and his family memeber say mental torture.

here the solution may be is as under supervision she send the child. or under police station she will alow to meet.

if husband is stand on his point then police will also get bored if she get nothng from either side and they try to get rid of this daily duty. and it is also not possible to wife that daily she face the corrupt police man, if husband meet daily to police and disturb them daily go in PS say joke sing song listen music on mobile then police man become frnd of him or get iritated by him they will stop wife you sort out your matter outside.

i am just talking that if she do this then husband can also do this.....

your views

here my one question is what type of FIR can wife put now against father?

the following are the links of  Tajobsindia posts on the "child custody" topic which are very helpful to every one really good work and great work by tajobsindia sir

https://www.lawyersclubindia.com/forum/In-Child-custody-8211-Parental-Alienation-Syndrome-citation-25039.asp#.UH7P9671Q3s

https://www.lawyersclubindia.com/forum/WELFARE-in-HMGA-1956-defined-by-Hon-ble-SC-24792.asp#.UH7P5K71Q3s

https://www.lawyersclubindia.com/forum/details.asp?mod_id=38857&offset=1#.UH7ULq71Q3s

stanley (Freedom)     18 October 2012

I agree to your view Tajobs and as you are well aware of the below facts written by you a year back the reality of the indian judical system and as of date shared parenting has not come as of date in india .

The first thing a Family Law lawyer says in child custody cases to fathers is that “lap of mother is best suited for a child”  as if the custody case is his “personal family case” !. When a lawyer himself is not aware of what is good for the child then how a lawyer can plead / safeguard genuine interest of his client (natural guardian)?


2. The second thing a Family Court Ld. Judge does is intentionally delay the whole proceedings so that the abducted child gets “settled-in” into his / her new environs (mother’s home). Then all custody battles is run on name sake which is “visitation” based. You study 1000 case laws in custody and you will find 870 cases only visitation to father were granted at the end that also after average shelf life of 36 months of bitter custody battles in Indian Courts which is national average.


Here is comment and reproduction of today's International News Item on welfare subject and I am wonderign when Lawyers and Indian Courts may wake up its relaity when India has such a nice family fabric compared to western jurisprudence world !

 

With a gender biased law in place in india like the DV act you are very well aware that only the aggrieved person " Women " can ask for child custody and the husband would have to go through the Gaurdians and wards act for custody .

I am well aware visitation would be granted to me and as per your say 

The social justification paras based on ‘child welfare’ which can go into the application or plead by your side at Bar could be:-

 


“The fact is, a parent does not have the right to take away the child's right to see and meet the other parent / grand parents and social circle of other side. Not just parents, but nobody has to right to take away a child's right to know both their parents and not just the parents but also their extended families and relatives and grandparents on both sides.

 

 

A person being bad does not mean he is a bad parent also. Just like someone with a bad habit like smoking or drinking does not necessarily make that person a bad person. If all bad people were also bad parents then the law would have already banned all criminals from seeing their children. However that is not so!.

 

 

Hence none can take a child's right of seeing and knowing the parents and the extended families / friends and social circle on both sides. If a child is not allowed visitations rights, it would only promote a fatherless society in the future, especially with the rate of divorce increasing. It is the duty of the Hon'ble Court to ensure that even if it is not able to retain the relationship between the father and the mother of the child, it should do everything in its power to help maintain, continue and strengthen the relationship of the child with both the parents and extended families / social circle on both sides and try to reduce the adverse impact on the future of the child.”

 

Hence the purshis 

 

 

 

ANEESH TRIVEDI (ADVOCATE) (Advocate)     18 October 2012

Well said stanely sir, so What will be the solution?

fathers must have drop the idea for bringing up the child or just like animal man will marry to lady in large number make them pragnant and leave them to his in laws house that is very good thing.

just like dogs enjoy if she get pragnent then leave her search for next and somewhere he will get the chance to love the kid till he wishe otherwise go for next again.... and again.....................

really because of law people are neither finghting for custody / visitation nor for taking pain to bring the wife back

very well said " JAB DOODH MARKET ME AASANI SE MILTA HAI TO GHAR ME BHAINS KYO PAALI JAYE?'.

stanley (Freedom)     18 October 2012

Mr Aneesh , 

Have i mentioned anywhere that we have to drop the Idea of bringing up the child ?? . Had it been so i would not have been fighting for visitation :) its the reality of the system that i am debating about in india .

 

ROTFL 

Dogs are better off off than us they can do as they please but not men . 

ANEESH TRIVEDI (ADVOCATE) (Advocate)     18 October 2012

Originally posted by : stanley

Mr Aneesh , 

Have i mentioned anywhere that we have to drop the Idea of bringing up the child ?? . Had it been so i would not have been fighting for visitation  its the reality of the system that i am debating about in india .
 

@ Stanley sir, you did not mentioned it  anywhere that are my view-- as man suffer so much for visitation for custody till then he looses money , courage, charm energy that he will utilise for child , but what a fate [ of child or man] that they are binded with such type of cruel and criminal ladies.

stanley (Freedom)     18 October 2012

Mr Aneesh , 

Read the below mentioned sentence  in others section our law minister dares... lol.... what an inspiration to the country . In India the Don / Mafia has come of Age :) Would like to have Tajobs view on this 

 

Salman Khurshid dares Arvind Kejriwal to visit his constituency, 'and also return'

 

OXFORD EDUCATED LAW MINISTER 

By instigating violence & murderous threats, it will consume the whole country for an eye for eye will make the whole country blind. If Salman had not been a minister, it could have been dismissed as words of a rabble rouser. But coming from a minister and law minister will set a dangerous course for the country. The sooner Congress removes elements like Salman from positions of power and responsibility, the safer will be the country

Tajobsindia (Senior Partner )     18 October 2012

Originally posted by : stanley
  XXX Would like to have Tajobs view on this 

Salman Khurshid dares Arvind Kejriwal to visit his constituency, 'and also return'

OXFORD EDUCATED LAW MINISTER 

XXX
 


Not long ago in mountains of
Tibet
Two lama saw a man climbing down from a mountain.


Younger Lama asked Elder Lama,

"Look at that man

Does he not look taller than the mountain? Who is he?"

 

Elder Lama replied,

"He is Law Minster.

He is on reshuffling list of our OXFORD EDUCATED BAHU"

 

"Why does he look taller

Than the mountain! "

Younger Lama asked

 

"Because he mastered

Every First Principle of Law.

And, therefore, he looks taller than the mountain." Elder Lama replied.

 

"What are the First Principles of Law? How can one master them?"

Asked younger Lama

 

"First read all laws which are required to be seen.

Then close all law books.

Then close your eyes

And go back in history

Where there were no codified laws.

Then think what judges of those times may have said.

 

You will soon begin to see

Glimpses of First Principles of Law"

Elder Lama replied.

 

"Tell me about contribution of Law Minster to nation."

Asked Younger Lama

 

Elder Lama replied,

 

"First he made every Disabled proud. Though dabling in micro-finance,

He made all NGO’s proud of Disabled persons in this nation.

 

"Second, he set up bar of moral standards in public life,

By canceling a confirm return ticket of Arvind Kejariwal  

 

"Third, he uplifted prestige of Rule of Law in India In International Law

In Vodafone case by asking his then neighbor FM to withdrew review petition in SC and made Presidential Reference to Supreme Court. In haste, he (intentionaly!) forgot to mention word "DOUBT" in Reference.
At hearing, an objection was raised that since words "Doubt has arisen" not mentioned in Reference it was not maintainable.
Arguments before lordships went on for days whether Reference ought to be rejected as word "Doubt" is not mentioned.
Finally, Judges held that it does not matter if word "Doubt" is not mentioned.
Out of 208 page judgment, 70 pages are written on whether Reference was maintainable or not! (1/3 Judgment)!
If while drafting Reference, word "doubt" was mentioned, so much judicial time would have saved!!!
I therefore smiled on reading this Reference Judgment.
J Omission of one word can create lot of problems in legal matters and he made us master that !.

 

"Fourth, he proved that even in a corruption clad environment,

It is possible to maintain principles by impromptu calling Press Conference while holding Office of Profit.

 

"Fifth, he made every pageboy proud. He was just a pageboy in a lawyer's office. From there he reached to the Top."

 

Elder Lama thus summarized

Contribution of THE Law Minister


Credits: Harish

BTW, @
Stanley for more such poetic compositions ensure that Membership at LCI is guaranteed by YOU then only ask opinions on such widow re-burning topics J
Reason; being in such healthy acts of fair criticism Mods / Admin. @ LCI feel constipated.

2 Like

stanley (Freedom)     18 October 2012

Your flow of words with the Pen is unmatched relating to his contributions :)

ANEESH TRIVEDI (ADVOCATE) (Advocate)     18 October 2012

@ Stanely sir,

Though salman kurshid is law minister better to say oxford graduate, but the blood in him is from farukhhabad UP.

it is the most Criminal area from india at one time.

[Unfortunatley I visited his house and had evening tea there some loacal popular dishes say dalmoth , namkeen , mathri, chikki, gajak there , i was working in fatehgarh just five KM from farukhabad in the year 1996-97 and in 2000-2003, ]

he uttered that word as it is common language there [ salman can put it as excuse for him].

saab kutta kitna bhi pad le sheksphere pad le ya , ramayam , ved kuran bible pad le bolega to "bhow bhow" aur agar pagal ho gaya ho gaya to katega bhi salman here warn them dont make me pagal otherwise i bite you he shows the capacity that he can bite also.

some day before NITISH KUMAR has used such words, now sir this the time of "FATWAS" IN india .

Salman kurshid as a law minister just put a seal of authenticity over fatwas,as if the satement like this coming from law field means other can also use this way. If the politician get angry [ inspite of all they are very coll and paitence oriented as to face opposition and any one's comment daily} and like MARTA KYA NA KARTA he adopt such way and words then sir once i also being an aam admi just seek advice from experts that is for

why should not i kidnap my daughter? situation is same "marta kya na karta " so sir in same reference i had told whether father should stop in bringing up their child becuse of uncultured ladie."

[sir please dont take that perosonnely if it hurts you then i am very sorry]

Just debating for india i wish to add now from ministers to common man want to take law in their hands interest should be different ? some for good and some for bad , this is the decrimentation of law and law policies ,

if minister like salman kusrshid say in future will do then why not we or common man?

he is doing against innocent man arvind but we have strong reason to do we are doing against culprit who snatched over peace slap us by biased law and woh is playing with the life of innocent kid just to fulfil her ego.

why not us can say we will see you in court to our wife? again it will come under cruelty.

conclusion : jiski lathi uski bhais, jisne bahte paani ganga me hath do liye to wo pap se mukt ho gaya. just like that do without fearing law , most of the people thinking like that and crime increasing day by day.

as our minister are like Ld Dr. SALAMN..KH...................

jab saiya bhaye kotwal to dar kahe ka.............

stanley (Freedom)     18 October 2012

Originally posted by : aneesh trivedi

@ Stanely sir,

Though salman kurshid is law minister better to say oxford graduate, but the blood in him is from farukhhabad UP.

it is the most Criminal area from india at one time.


[Unfortunatley I visited his house and had evening tea there some loacal popular dishes say dalmoth , namkeen , mathri, chikki, gajak there , i was working in fatehgarh just five KM from farukhabad in the year 1996-97 and in 2000-2003, ]

he uttered that word as it is common language there [ salman put it as excuse for him].

saab kutta kitan bhi padle sheksphere pad le ya , ramayam , ved kuran bible pad le bolega to "bhow bhow" aur agar pagal ho gaya ho gaya to katega bhi salman here warn them dont make me pagal otherwise i bite you he shows the capacity that he can bite also.

some day before NITISH KUMAR has used such words, now sir this the time of "FATWAS" IN india .

Salman kurshid as a law minister just put a seal of authenticity over fatwas,as if the satement like this coming from law field means other can also use this way. If the politician get angry and like MARTA KYA NA KARTA he adopt such way and words then sir once i also being an aam admi just seek advice from experts that
 
 

ROTFL ;)