wards & guardian act and about visitation rights of a father
gunjan aggarwal
(Querist) 04 October 2009
This query is : Resolved
i was mrried in nov 2003 and was blessed witha girl child in dec 2004.inspite of very good educated and doing a v good job my wife is suffering from manic depression and the problem is that she is not ready to accept this and does not want to take medicine and never cares for her child and my parents and a unmarried sister have grown the child till now.she left me and my daughter in oct 2007 and start living with her parents.she did not care even for his daughter but was regularly attending her job.at present she is doing two jobs.in aug 2008 she abducted the child directly from school and now i am fighting a guardian battle with her.she leaves the house in 8 am in the morning and comes back by 9 in the night from monday to saturday and after that she is doing another job from his house where she has to dedicate atleast 5 hrs on the laptop.the house of her parents has a boys hostel on two floors and a beauty parlour and a property agent and a computer training shop run by my wifes mother and other tenatns and as such the child is neglected the whole day with no friends and no body to take care with 45 boys living in that house and regular disturbance.since whole day the child is with her nani in beauty parlour she is learing the things at beauty parlour insted of toys and other things to learn required at her age.my wife has denied all this facts and i have submitted all solid photogrpahs and papers and medical papers of her treatment in this regard.i want to ask from u what are my chances to get custody and can i get the visitation rights outside the court since i come to know that the court is only giving visitation rights in court complex and i just dont want the child of such a age to come to court complex since i just want to spent quality time in a good enviroment with my daughter.
Sachin Bhatia
(Expert) 04 October 2009
The facts mentioned by you are sufficient to tilt the matter in your favour but if court reaches to some other conclusion even then you will be free to seek visiting rights as per law.
gunjan aggarwal
(Querist) 05 October 2009
thanks for replying mr sachin and mr prabhakar.as said by u all the facts i have mentioned in my query are true.i have submitted letter from the collage that runs a boy hostel in that building apart from still & video photos, telephone bills and original quatation on letter heads for other tenants thats shows various commericial activities running in that house.her father is also a regular tobbaco eater and have also submitted meidcal history of her father that shows that he eats heavy dose of tobaco pan masala and he has also suffered a hearth attack in mar2009 and have also submitted tds & bank statements showing credit of salary of my wife from 2 offices where she works on regular basis and this fact is also denied by her in rebutal written statement.since she has lied to court on every facts what will be the courts view with her. any other thing that u may suggest to me in this case.my next date for decision on interim custody & visitation rights is on 5 th nov 2009 that will help me.thanks
Raj Kumar Makkad
(Expert) 06 October 2009
Repeated quarry. Detailed reply submitted by me against your earlier quarry still holds good.
