Rita---------- (T) 11 April 2015

Urgent help required for parental plan

Dear Eminent lawyers.

This forum has helped me previously.I am thankful to them.

Few days back ,I had to appear in the court to submit written statement for the divorce petition filed by my husband.My lawyer did not appear in the morning as usual. And the judge gave the order that now no written sttment will be accepted.In the evening when he came ,he tried to give the judge the statememt but she did not accept it.

So now if he prepares an application to accept the written statement,does he need to send reminder to my husband's lawyer that we are sending written application , that pls be present in the court to accept it.

My lawyer is saying the court may accept it or not.If accepted,we have to wait for husband's reply to that application and then there will be a decision by the court.

or the application might not be accepted and I may have to go to high court where they will accept it.

Is my lawyer saying the truth.?

He has delayed all my written application .And now the court has ordered for Parenting plan.

My husband is also not in India.His mother is given power of attorney. So why do I need to discuss on parenting plan with them.

They are just using this as a toy cause they know only way to take divorce from me is harassing through my child.

Though the judge didnot accept the written statement,she accepted the application to my husband's request for child access.Still we have to work on parenting plan when we meet next time?

Pls help me understand the reality based on what I have asked in this forum.I am a worried mom and looking for a sincere reply .

Thanks & Regards,

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3 Replies

Prasad (Systems Engineer) 11 April 2015

Rita... Your husband's mother is also as much worried mom as you are. Her case is worse than you because she can't take legal action against you. If you think in these lines you will get a good solution sooner. Pleasedo not use legal ways to solve family problems unless your husband and his mother are criminals. Your child has absolute birth rightyourits father. Do not wait for court order for this. That's ugly. Listen to your child and give the child its father.

vivekjoshi 16 April 2015

You will have to ask your Lawyer to File an application for setting aside the order passed. In this application you will have to plead the reasons which prevented you from filing of this Written Statement. The court pass an appropriate order and may impose some nominal cost upon you. Thereafter the court will accept your application. Code of Civil Procedures - Order IX rule 13.

It is better to send a notice through your Lawyer about your intention to submit an application for setting aside the no written statement order. However if you choose not to send this Notice, no harm will happen to your case. On your next date you can file this application before the court and serve them a copy for the same. The court will ask them to file there say on your application.At this stage there is no need to go to high court. Family court will accept your application.

Please understand one thing very clearly..... Whether you like it or not. The court will accept the application for access and will Pass an order directing you to allow the father to meet the child. You may choose to oppose such application but it will be a futile attempt.

Instead of opposing the application for access, It is better that you inform the court that you are willing to allow the meeting of child and father.

If you prevent the father to access the child.. The hostility will increase and he will not come forward to a mutual divorce.

It is better for you to ask for a Judicial Mediation and Settle this case. There is no point in fighting when you both are going to loose.

Family court encourages mutual settlement.

In case you need any further advise please feel free to contact.

harrassed (SE) 18 April 2015

@Rita

I'm not an advocate. As others already mentioned, triggering legal issues will be an havoc in your family life and unnecessarily you will loose lot of time running behind the courts. Try to settle things amicably with your husband if he or his parents are not really the culprits.

Hope things will be fine soon. At any time during the trial you can ask for mediation. Go for mediation and settle things there. Family life is not something to be clashed with ego..

Good luck!!!