chandermohan (proprieter) 26 June 2012

Visitation rights. need urgent help

Dear Sir/ Madam,

A DESPERATE FATHER TO SEE HER NINE MONTHS OLD DAUGHTER NEEDS YOUR KIND ADVICE

I had already filled RCR in court as my wife left home almost 6 months back. We had a lot of family meetings and even we had a meeting in police station as before leaving our house my wife had filled a comlaint in P.S. and both the parties wer called and they convinced both of us and my wife took back the complaint and agreed to come back but latter denied. Same thing happened during family meetings. They dont allow me see my my nine months old daughter and my wife says eiyher i separate from my mother or i should get her a separate house and i keep on living with my widow mother then only she will allow to meet my daughter. Yet i have not filled petition for visitation rights. Is it to be filled in a seaprate court or it can be filled in the same court were RCR is filled. Will i get visitation rights to see my daughter, can court also refuse to give me visitation rights. If i get visitation rights from court then how many times i will be able to meet my daughter.

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8 Replies

chandermohan (proprieter) 26 June 2012

If Rcr is waste of time and money then what to do should i agree to leave my widow mother alone in evening of her life despite of that she took care of me and my 2 younger sisters on her own as my father expired when i was 13 years old.

chandermohan (proprieter) 26 June 2012

And if i get visitation rights then also can my wife make excuses on the specified dates decided by the court like she is not well, my daughter is not well and like that just to harrase me.

Sankaranarayanan (Advocate) 26 June 2012

with the court permission you can visit your child no one have right to stop it, but you can t force to bring to you.

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chandermohan (proprieter) 30 June 2012

THANKS FOR THE ADVICE. Sir i woul like to ask if after couts order can i meet my daughter any time i like or court will fix time and date for seeing my Daughter. I am asking this question as now my wife has started putting allegation against me and my family that she is afraid that we will do something to my Daughter. And if after court order if my wife makes excuses like she is ill on the dat, daughter is not well and like that thousands of excuses and do not let me meet my daughter then what. She does not pick my phone niether allow to meet my Daughter but when i send money to her as per my will by means of courier she accepts it.

MRRpersonality (Knows very little about Indian laws) 30 June 2012

Your RCR will not provide you child visitation. You will have to file a G.O.P petition under GMA and also mention you have filed S.9 HMA and some of the details in the same petition. You should explicitly claim how you want your visitations (number of times and the location). The petition has to be filed in the jurisdiction court where the child resides. The court will decide how the visitation can be facilitated. The court will ask your wife to attend the court and discuss with her in this matter.

It is a normal tactic to deny visitation even after court orders, by the warring spouse. You have to be patient and not go very offsensive (to stop any retaliation from her). It is very important for the child to get both parents attention.

Were you not able to get your summons served on in the RCR case, as you said it is 6 months already ? The court will order for mediation as the first step. Many issues can be resolved during this time, unless your wife starts filing other cases against you in retaliation.