nirmala (xy) 22 October 2010

want to contest vacation access by father

Hi, I stay in mumbai.Had a mutual consent divorce from Cochin in 2006, we last stayed there together,ex- husband still kives there.I did not take alimony or maintainance,all expenses of child are borne by me. Father has visitation rights --can take child with him during vacations.

As per agreement,Father was supposed to invest money in childs name in such a way that it totaols 20 lacs by the time she is 18 & give proof every march.Till date, he hasnt given any such documents.

But child doesnot want to go with him.she is 10 years old.He keeps threatining her he will not send her back & she is terrified.he stays alone & she does not enjoy her stay there.She hasnt gone with him for 1 year.

Now, he has filed a petition in Cochin family court for interim custody of child.I would like to know:

1.If & how can the case be transferred to bombay as I am working & bearing complete expenses of child.

2. If i can file a case against the father in Mumbai.

3. Is there any case law like this where only local visiting is allowed & not going out of town with father.

Pls answer with case laws & references as i have to file reply in a week.

Thanks & regards.

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4 Replies

nirmala (xy) 24 October 2010

Thanks, Prabhakar.This reply has boosted my confidence.But I need more details.

1.If & how can the case be transferred to bombay as I am working & bearing complete expenses of child.

You have to file a transfer petition in supreme court for transfer of case from cochin to Bombay showing your problems of going all the way to Cochin.

This can be done by a lawyer other than the one fighting my case in Cochin?It can be submitted from Bombay itself?Is there any deposit etc to be paid to Sc for this? Pls let me know about the cost part & cite previous ruling.How much time is generally taken by SC for this & till then, what happens to the case filed by father in Cochin.?

2. If i can file a case against the father in Mumbai.

Yes. You can.

What grounds can this be on? for amounts not deposited in name of child/proof not given as per agreement, can it be filed in Mumbai, though divorce taken in Cochin.

3. Is there any case law like this where only local visiting is allowed & not going out of town with father

Yes. that can be ordered by the court. If the child of 10 years age is not interested to visist the father, you can file a case and varying the earlier order, get orders suitable to your child and to you.

For this, I can ask for varying of orders while filing reply to his petition or should i file another case for this?Can i file for the same in bombay?

Under which section or SC ruling can this be asked for-- that the child is 10 years old & doesnt want to visit hence, orders to be varied.Since previous orders passed by Cochin court, only they can pass varying orders ?

Thanks.

nirmala (xy) 08 November 2010

If the family court grants an order aginst us,for interim custody o be given to father within a few days, what are the next steps to be taken on immediate basis.can a stay be filed in same court saying we are appealing against order?

Originally posted by :nirmala
"	Hi, I stay in mumbai.Had a mutual consent divorce from Cochin in 2006, we last stayed there together,ex- husband still kives there.I did not take alimony or maintainance,all expenses of child are borne by me. Father has visitation rights --can take child with him during vacations. As per agreement,Father was supposed to invest money in childs name in such a way that it totaols 20 lacs by the time she is 18 & give proof every march.Till date, he hasnt given any such documents. But child doesnot want to go with him.she is 10 years old.He keeps threatining her he will not send her back & she is terrified.he stays alone & she does not enjoy her stay there.She hasnt gone with him for 1 year. Now, he has filed a petition in Cochin family court for interim custody of child.I would like to know: 1.If & how can the case be transferred to bombay as I am working & bearing complete expenses of child. 2. If i can file a case against the father in Mumbai. 3. Is there any case law like this where only local visiting is allowed & not going out of town with father. Pls answer with case laws & references as i have to file reply in a week. Thanks & regards.	"