Simhan (manager) 24 April 2015

Dv case

Experts,

My wife left the matrimonial home 2 years ago, for frivolous reasons, her parents abused me and took her along with them leaving behind the children Male(10) and female(13) with me.

When myself and children went to her home after two days they abused us like anything and told me to take take of children by myself.

Now the children are under me and with grand parents care.

When the DV case is "on" in the court now after two years she realized the importance of the children and without children for all her demands like maintenance/ child custody / residential rights etc.,can not me met.

Now she comes to the children school and cries with teachers, children and with children friends and before all them she is abusing me and asking the children to come back to her. Children are studying in a good school. A scene is being created before school bus drivers, teachers, children in the school class room.

However my children did not speak to her or take any eatables given by her, even after several attempts made by her in the school.

At this stage I do not want to bring back to matrimonial home a DV case filed lady.

What to do in this situation,

Experts please advice.

Regards,

Simhan

Reply Follow

7 Replies

saravanan s (legal advisor) 24 April 2015

show evidence for all that she had done and fight the case on merits

Simhan (manager) 24 April 2015

Sir,

Fighting the case on merit goes without saying, whether there is any legal remedy available to stop this nuisance from her.

kindly reply

tks, Simhan

Simhan (manager) 24 April 2015

Sir,

Fighting the case on merit goes without saying, whether there is any legal remedy available to stop this nuisance from her.

kindly reply

tks, Simhan

Adv. Chandrasekhar (Advocate) 24 April 2015

Yes. You can file GWA case and in that ask for injunction order against her not to contact the children at any place, more particularly in school. The court will interact with the children and try to find out their opinion about meeting their mother. But, in this very case, if she files visitation application, the court may grant it to give permission to the mother to meet the children for a few hours in a week or in a fortnight.

Simhan (manager) 24 April 2015

sir,

thankyou for your reply sir, but visitation rights in the sense, if she wants the children to stay with her one or two days during weekends, whether i should oblige for that or is it stricty only few hours in a week how it is sir,

could you please explain.

Reg,

Simhan

Adv. Chandrasekhar (Advocate) 24 April 2015

Children are aged 13 and 10 and hence their opinion will weigh heavily on the mind of the court, while granting how much visistation should be given to the mother. If the court feels that the children are tutored, then the court may grant weekend stay with the mother. If the children are really averse towards the mother, then a few hours stay with the mother would be allowed in a fortnight. Everything depends upon the court's opinion. But, it is always good for normal physical and mental health of the children to have the companionship of mother also. So, do not deprive them of some meeting hours with their mother. Otherwise, they feel some sort of void through out their life, even though they won't express the same in words with you or with their grand parents.