Visitation, attachmnt of property

Mam,

You have filed RCR kinldy peruse the same if you are genuinely interested in staying with your husband. else it is a waste of time.

Incase both of you are not willing to stay togather and want to Part ways.. You may choose to do so amicably.. or upon filing either party filing for divorce as Custody / Visitation, RCR, Divorce are all separate issues. 

The Rights and Welfare of the Child Should be Paramount where children are involved.

Husband should take the responsibility of the Child by working and  paying the maintenance that may be directed by the court or mutually agreed by both.

The child needs love and affection of both parents irresepective of dispute between them and Court can direct visitation accordingly which may be initially in children complex room of  family court or at some other place and later also maybe at the home of the father.

whats the harm if the father takes the child out or at his home for access?? why you want them to be confined inside the 4 walls of your home?? dont you take your child out with  you?? do u always meet / be with your child within the 4 walls of home???

It proves from your statement that the Husband is really unemployed since 3 years whereas you are since separted last 2 years only. (it means the husband was unemployed for 1 year when you were staying with him). 

then, Why do u want to attach property of husband???  in case your husband is still unemployed he too can claim maintenance from you.

Unemployed husband can claim maintenance from wife.

(Central Government Act Section 24 in The Hindu Marriage Act, 1955 24. Maintenance Pendente lite and expenses proceedings. Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent 1. Added by Act68 of 1976, s. 16. 2. Ins. by s. 16. ibid. 3. Ins. by s. 17, ibid. income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner' s own income and the income of the respondent, it may seem to the court to be reasonable).

if parents are earning, then it is the responsibility of both the earning parents to maintain the child.

your motives seems to be suspicious since you want divorce on one side and have also filed RCR. in just 3 counselling sessions you have made up your mind. 

Your acts do not seem to be towards the interest and welfare of the child who may lose a parent to divorce.

Denying / Depreiving Child Access will have serious Implications in the later part of Child's Life such as drug abuse, deteriorating educational achievement, premature s*xuality, mental / personality disorder, chronic depression, suicidal tendency, out of wed-lock birth, which are major force behind serious crimes.

Kindly appoint a mediator and also consult professional family psychologist and maybe then decide what exactly you want.

One of the party can file fr divorce incase they want to get out of the relationship, Since a child is involved you both with mutual agreement can sign a "Parenting Plan" which ensures best interest and welfare of  the child and takes care of the child related issues related including custody, visitation, maintenance, medical, schooling etc, the said plan has been approved by bombay high court. After signing the same you can ask the court to pass orders on the same. 

Enclosing herewith a pdf file of "Parenting Plan" approved by Bombay High Court which could be of help to you.

@ Susanna!

1) if he wants to see the child, put forward ur genuine concerns & agree for a meeting at some park or mandir in ur city....not in ur house.

2) Ur RCR case wil be withdrawn & MCD petition wil be filed......all normal & easy work, no worries.....work on MOU of divorce agreement

3) Address all ur concerns like visitaion, maint, alimony, custody, court cases etc in MOU....no litigation thereafter

4) Remember u have to take some steps back too 2 win this game

gud luk....gal

Dear Sussana , 

You have posted a no of posts where in you had stated that the husband has no property of his own but his parents have property registered in their name .

1. You cant attach the parents property .

2. Think about the fact once you remarry would your newly wedded husband care about your child or when you have a newborn child from your newly wedded husband who would he care for ??

Hence it is better to go in for shared parenting as your child would get the affection of her father too and at the place he desires  .  It is not necessary that you would have to drop your child but he can collect your child from your place and take her to his place at the time of visitation and you can carry on with your job without any hasseles .

See you have simple solutions to take lead of instead of complicating the issue;

1. As far as maintenance are concerned, if he has no income and no properties then he cannot give maintenance for the child. However here one has to see who is desperate for "divorce"? If you are then see your re-marriage chances and retain custody of child and get over with divorce without maintenance from him. If he is then he has to arrange certain amount or collaterals towards maintenance of the child. Flip these two and if you say both of you are desperate then my view is no maintenance = no visitation and proceed on contested divorce by speeding up the whole issues. The moment middle path is experimented in reference to context the whole outcome gets defeated.

2. As far as visitation are concerned, if he does not want to pay maintenance due to present circumstances (un-employment etc.) yet having parental properties (registered in parents name) then you should file for share in it on behalf of the child and with its adjudication grant of visitation can be given. it is straight forward adjudication and he should also understand. if not then "give up' visitation and in future seek the same under "change of circumstances" which is not a big deal you should keep pent up.

3. In your brief you say 'dissolution of marriage' yet tell us you have filed only 'RCR'!. My limited suggestion here is if you win RCR then yes under its Execution any income or properties under his name can only be attached. You cannot pray Execution court to go beyond the facts (attaching his parents registered name properties etc. not allowed here) and for the same grandchild has share in grandparents properties is the cause of action whose brief outline I mentioned under para 2. You may opt for the same currently. As far as withdrawing RCR is concerned I would suggest to hold on the horses. During further counseling it can always become consented and proceed under consent terms and conditions for seeking Decree to dissolve marriage.

4. As far as future post court cases are concerned and "in case" you manage to retain child with you vis-à-vis visitation handing over / taking over are concerned further read with your probable re-marriage, history says initially what could be suggested is pick-up/drop from home to home where the child ordinarily resides and keeping age of the child it should be allowed within 7 kms. range of ordinary residence to natural father and not beyond that specially on weekends to begin with. After passage of time this would become less from natural father once you re-marry which is experience of cases saying so. Hence colly. no need to plan for everyday for next 16 years of the child for a simple reason it will cloud your present decision making is my view.

5. As far as who is ethical litigant in this private brief are concerned I have no faith in it to claim such and such as mentioned in some of your aforesaid brief lines. I cannot sit on Judgment as it is a private matter and my times and your times may have a sea in between so entrusting morality and ethics is most often not my cup of tea. What matters in such simple proceedings are; if no maintenance r/w no properties then take divorce now and under change of circumstances seek visitation OR straight forward tell him to create share in parents properties towards grandchild and presently seek visitation on this launch pad and get over with consent term divorce in present situations you have landed into.

Read above in whichever way, you have been suggested an street smart opinion only if without clouded judgment one understands how to proceed with foot down or foot off as per need and/or as per evolving situations and whole brief cannot be given a straight jacket formula for a simple fact you still have soft corner for soon to be ex Mr. yet worried of future without reassign your own self capabilities that is where many woman litigents gets struck.   

Grand Child Have Rights on Grand Parents Property only if the grand parents are deceased and have left "NO Will" or "No Nominee". 

Grand Parents who are alive have their Own RIGHTS and Will on their property and can decide upon whom they would want to part with their property.

@Stanley

its true u have stated tht i have posted a no. of posts regarding property, but recently i came to understand tht the property is written in his name (but he has the full rights after his parents death) so my lawyer advised me to proceed with the attachment of property as hez unemployed and though is hez willing to contribute also , maximum he will do it for the first 3 months, later on gradually he will stop it... 

As for shared parenting Stanley Sir, my dear hus is nt @ all interested to give love for the child, he just wants to creates disturbance in my life thts why he said to the counsellor hez so keen in meeting the child.

@TAJOBS

Thankx for the detail reply , as per ur suggestion i am holding the RCR, waiting for the results

1 more doubt , beore i win or loose RCR i can file for the attachment of property na??

THanks others for their replies!

I'm quoting a line addressed to @ Stanley while replying to clarification asked to me.

1. I doubt if with only plain vanilla RCR while no separate maintenance application pending adjudication property as believed to dwell to him can be attached.

2. The beauty of RCR when it goes in favour of a wife is that property if registered / gifted / transferred in husband's name then same can be tried in an attachment order under Execution of RCR Decree and not before any final Order cometh in RCR.

3. Well under Order 21 / Rule 31-32 CPC husband’s property attachment is done only when RCR Decree is in favour of a wife. Hence I never say here that RCR is useless remedy unlike other!

Hence I am not in conformity with your lawyer when s/he guides you to attach his property right now, may be there may be sea in between what he said and what got translated via you post here.

Hope I'm clarified ?