Child Vacation Right & Custody Matter

Not a law student but, as far as I know you can make the RCR grounds for your divorce. Infact, now it doesnt matter what she wants ? you already have an RCR in your favour and as per law she is duty bound to join you (but without compulsion). Now you can file for divorce and get it without paying her alimony because its now her problem not yours. But I dont know the time frame between RCR and divorce petition. Lucky to have got an exparty RCR., paves the way for a divorce.

1. If after Execution of RCR Decree 1 year has lapsed then you can file for Divorce Decree.
2. Since S. 125 CrPC was dismissed as withdrawn with certain "visitation and maint. to child" conditions she has smartly kept that option open for eternity.
3. Infact her withdrawn status of S. 125 CrPC means nothing on today's date.
4. You need to file S. 25 R/w S. 17, S. 12 and S. 10 GWA petition praying for "interim visitation" till custody is granted in your favour. Anyhow the child is 4 years so by the time Evidence stage comes you will be eleigiable for his custody as per S. 6 HAMA.  
5. With abv. your meter of visitation will be re-start / bound by her and rest course of action what she takes will be between you and her circumstances which I can't foretell at this stage.
6. Best would be to "talk to her" what she wants in "long term" and file a joint MCD petition with visitation and payment of maint only to child as one of the agreed conditions of parties.
Rgds.
 

Hi,

I am already having unrestricted visition right but i would like to have his vacation rights.

Is it possible ? with out divorce can i file for it ?

Can i have interiam vacation right till the case is closed.?

Arya

What you are thinking is called "Arab and Camel" way of inching forward :-)

1. Did you not visualise at one point of time when S. 125 CrPC was being withdrawn that in future child may need company of you and or his grandparents and or vice versa !
2. Your main question briefs does not talk of any cases pending so where is the que. of any case going on as you ask in your second que. post?
3. It is between "you two" now to amicably sort of overnight visitation if you donot want to stir her with divorce case and she does not want to file fresh some cases. Anyhow the child is 3 years old and you have to see how much un-restricted visitation you had till date and what is the welfare quotient between you with your child Vs. comfort level of mother at such tender age of child.
4. My 2 cents is to firm up first visitation for sometime then when your wife feels secure (age of child) then she will authomatically give you overnight visitation is what I feel may happen.
5. It seems from yoru post the way your wife is allowing you unrestricted access and side by side not agreeing for "divorce" she is probably weighing her options for re-union very soon with you so keep the present scene soft instead of thinking one side for easy divorce and otherside asking for your rights over statutory tights of child as being pramount first. Give your wife some breather (space) !

In my limited opinion there is no "legal advise" you probably need "now" and if you say yes, then follow what I suggested in my first answer post (GWA Suit). It is the most safest way to get more rights of child keeping in view child welfare as paramount and it may also depend both of your geographical locations which is not evident from yoru first post..
Rgds.

Hi..What you said is completly i will agree with you. me and my family are struggeling to take her back to save this marriage but she is not willing to. She only wanted to create problems in my life and she has challanged that she will not allow me for divorce and mean while i donot want to spoil my child's future.

thats why i have taken a stand on my leagal approch to get the divorce with out paying any allimoney as i am already taking care of child expense ( 100 % ) and would like to get his vacation rights.

Arya