Rashmi 13 January 2018

Help urgent

Hello,

I am housewife. Living in parents house with my 6 year old daughter.

I got mutual divorce this month.

In mutual settlement i refused to give custody and visit rights to my husband. He agreed and he asked me to take all the cases back like DV Act and 498a and 406

After divorce, i withdraw all my cases.

But after fir of 498a get cancelled. My husband gone to police station and complained against me and my father saying that " I gave custody to my wife with my own wish but i have surrender my visitation rights under the threat of my wife and her father. They threatend to tourcher my child if i ever tried to meet my daughter. "

Police registerd the FIR and came to arrest me and my father.

Police said that sections of FIR are bailable but he gave bail only to me but not my father saying that he can harm the child. Then he got bail from court.

Now how to prove him wrong ?

My husband also filed case of custody and visitation rights.

Please Help

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5 Replies

Vijay Raj Mahajan (Advocate) 13 January 2018

The mutual settlement that was reached between both has to be checked as well the petition of divorce by mutual consent with regards to issue of child custody, visitation and under what circumstances these were settled. Giving any vague guidance like this without checking complete documents will be rather detrimental to your interest and is not advisable. I will first check your complete case file and then only advise you.

Rashmi 14 January 2018

Sir,

My husband is very clever. He first filed case of custody with interim visitation rights after argument on visitation rights and before the judgement on visitation rights. We reached in this settlement.

At the time of bail argument his lawyer said ' Why will a father who was fighting a case of custody and visitation rights will himself withdraw the case without any force or threat"

His lawyer also requested the court to issue some order to police for the safty of the child.

What type of order can court give?

Vijay Raj Mahajan (Advocate) 14 January 2018

Look all these things you are telling here has to be checked, order of the court, settlement deed signed by both parties, the divorce petition where issue of child custody and visitation issue was mentioned and agreed by both parties, any application for withdrawal of custody issue moved and order passed on it by the court.

If you can show all these to your lawyer why not to me if you are seeking advice from me by sending PM?

Suri.Sravan Kumar (senior) 16 January 2018

I agree with my brother Mahajan

Rashmi 16 January 2018

Today was the hearing for bail. Court again granted interim bail.

Judge said she will not grant permanent bail till we ensure the saftey of the child,

We already stated in court that we have no objection if father wants to meet the child in children room in court. But my husband's lawyer says if accused (my father) will be on permanent bail. He will abuse the child at home after meeting. So that child himself refuse to meet the father.

How can i assure the court that we will not hurt/abuse the child after meeting of child and father ?