Kishore Malhotra (Govt Job) 19 September 2014

Visitation right

Sir,

There is a case of my brother, employee of Border Security Force filed during Nov 2013 under GWA for custody of children, when her wife deserted herself with kids, while my bro attempted suicide due to prolonged harassment by his wife and never come back till dt. After this incidence we approached his in-laws to settle the dispute amicably, but they never come forward. At the advice of Advocate we filed RCR and child custody under GWA. In reply to RCR his in-laws blamed our family for demanding Dowry, Domestic Violence, and my brother for drinking and assaulting her, not maintaining her properly. We then withdraw the case of RCR. His in-laws filed a case of maintenance and legal expenses on the similar grounds as given in RCR. In the meantime we tried meet the kids aged 6 and 4 years respectively in the school, but his wife filed a complaint against us for kidnapping children giving reference of school. We asked facts from the school through RTI, which received in favour of us that nothing happened as complained. So, we were set free by the Police. We have also given an application for visitation rights atleast till the case comes to conclusion, which is under consideration. Recently, after thinking all the consequences of re-union and harrassment given by my brother's in-laws, my bro filed contested divorce on the grounds of cruelty. Now we have heard that in last hearing of Guardian and Wards Act she appeared before the Judge and asked that she is ready to live with her husband. The Judge again postponed the decision. This was the background of the case but my question is :-

i) For the last one year the judge has not given even visitation rights to us. Wt should we do get visitation right . Out Advocate is not answering suitably. On the advice of lawyers club we changed three layers till date. But, while taking case they beat about the bush, but later they start avoiding us. We are fed up of this legal system.

ii) Is there any law or govt institution where we can complain against our advocates.

iii) Advocates are required for our defence..but if they say nothing in front of the Judge..wt is the solution .

iv) Judges have no time to hear us in details...within 2-3 minutes wt we can explain?

v) Is there any procedure, that one can defend his case himself.

Please advice....

Thanking u

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1 Replies

Tajobsindia (Senior Partner ) 20 September 2014

@ Author,

i. For the last one year the judge has not given even visitation rights to us. Wt should we do get visitation right. Out Advocate is not answering suitably. On the advice of lawyers club we changed three layers till date. But, while taking case they beat about the bush, but later they start avoiding us. We are fed up of this legal system.
Take: File an Urgency Application u/s 151 CPC to dispose of Interim Visitation Application either way (means give or reject visitation). Failing which approach State’s HC to give direction to trial Court to dispose off Interim Visitation Application in 1 months from the receipt of Hon’ble HC Order direction. Advocates should be chosen (hired) after all necessary due diligence not based on what internet Forum says.

ii. Is there any law or govt institution where we can complain against our advocates.
Take: Advised not to open more fronts in already checkered legal history.

iii. Advocates are required for our defence..but if they say nothing in front of the Judge..wt is the solution.
Take: Check-out hired advocate and receive all case files from him and then appear in case before concerned Court as Party-in-Person r/w only after decent reading case laws – Acts – making notes of law points – arguments skill development – reading discussions from good legal forums.

iv. Judges have no time to hear us in details...within 2-3 minutes wt we can explain?
Take: Explain in brief the zest of prayer in that much time itself and it is a trick to gain attention of a ld. Judge which comes with practice. Practice comes when he sees in person more often his wife in court corridors which is what men's rights victims say and is based on such experiences. Right now only once she came to court and he saw her so it is still more miles to go ! :-)

v. Is there any procedure, that one can defend his case himself.
Take: Any citizen of India who is major and is sound of mental health can appear all the way before Hon’ble Supreme Court as Party-in-Person and only at Hon’ble Apex Court he is required to give an separate Application of his soundness otherwise before all lower Courts (HC and trial Courts) he need not have to give or seek any permission to appear as Party-in-Person. Caveat is para (iii).

Here is a test question: What should your brother do when his wife now wants to come back?
To answer, ask him to read past 100 discussions on similar questions - make notes and present here a informed reply. If reply is correct then he can make a good Party-in-Person pleader before the Court otherwise he needs more understanding of social Laws and practices is my view.

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