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(Guest)

Interim visitation rights

Hello

Wife filed for divorce. I filed Restitution. We have 1 year old son in her custody.

I m planning to file application for interim visitation rights on next date ie in Oct'13.

I m quiet confident that i will get the visitation rights coz neither i m drunkard nor a criminal.

I just want to gate maximum visitation rights & want to spend more & more time with my son.

Pls suggest me what kind of documents i should attach to my application to support my contention?

Thanks



Learning

 6 Replies

Tajobsindia (Senior Partner )     19 September 2013

Since you are sure you will get more visitation hours, the below reply (documents that you asked) is exact bespoke in context of your brief;

1. Apply for self a PCC (Police clearance certificate) from Police HQ / HO in your ordinary residence area by visiting the office in person and asking for format and annexure requirements. Say you are applying for Visa to travel to X Country and they have asked it. Submit the PPC as one of the annexure in Child visitation.

1.1 Apply PCC for all family members living under same roof where 1 year old will come during LOTS of visitation granted Order.

2. Financial soundness documents annexed showing that you are not hit by current Onion - Alu Inflation and will be able to provide below (it is affidavit purpose sample) feed menu to 1 year old when lots of visitation hours s/he spends with you;

Breakfast
- 1⁄2 cup iron- fortified breakfast cereal or 1 cooked egg
- 1⁄4–1⁄2 cup whole milk (with cereal or without)
- Fruit can be added to cereal or on its own
- 1⁄2 banana, sliced
- 2–3 large sliced strawberries

Snack
- 1 slice toast or whole wheat muffin with 1–2 tablespoons cream cheese or peanut butter, or yogurt with cut-up fruit
- 1⁄2 cup whole milk

Lunch
- 1⁄2 sandwich sliced turkey or chicken, tuna, egg salad, or peanut butter
- 1⁄2 cup cooked green vegetables
- 1⁄2 cup whole milk

(High – Tea) Snack
- 1–2 ounces cubed or string cheese, or 2–3 tablespoons fruit or berries
- 1 cup whole milk

Dinner
- 2–3 ounces cooked meat, ground or diced
- 1⁄2 cup cooked yellow or orange vegetables
- 1⁄2 cup pasta, rice, or potato
- 1⁄2 cup whole milk


3
. Proof affidavit from female in house stating under Oath that she is chained in your house full time and she has her own child(ren) which she looked after well and is still living under her guardinaship and she can prepare above feed for your 1 year old as and when YOU bring the minor as per LOTS of time given by Court during visitation.

4. Annex receipt of purchase of (several) Jumbo Pack Diapers (comes as 52 pcs. in a Jumbo pack). First know how much your child height is as dipers are mostly sold based on minor's height now-a-days. Then calulation which you should learn as you say you will get LOTS of visitation is like this; for a 1 year old diaper should be changed every 2-3 hrs. Suppose you are getting visitation for 12 hours so average 4 diapers TIMES number of days in a month you confident you will get = Stock –up  such quantity of diapers you should have via exhibit of receipt of its purchase.

5. Annex receipt of purchase of these toys (remember for lack of bandwiddth I didnot make this list long) but you are not constrained since you are confident to get LONG visitation so buy as per your list too and produce upon Court so that Court gives you LONG hours of visitation; Playskool Busy Ball Popper, Trumpette Howdy Cow, Plan Toys Pull-Along Snail Toy, Fisher Price Baby Gymtastics Bounce & Spin Zebra, Smart Trike 3-in-1, Fisher-Price Little People Animal Sounds Farm, Prince Lionheart Wheely Bug Ride-On Toys, Haba Fantasy Blocks, LeapFrog Learn & Groove Animal Sounds Guitar

6. A proof Affidavit from you stating among other procedural paras these;

- that as and when I get LOTS of visitation I affirm under Oath taking 24 hrs. leave from Office to spend LOTS Of visitation time with my own 1 year old at my home.

- that Sarika, Rekha, Mukesh, Vijay, Ravi, Kittu, Mina, Tina of age 1 year live above, below, opposite, behind flat(s) of mine and when my 1 year child is given to me LOTS of hours these and many other 1 years old will be invited to play with my kid. (do a round of all neighborly flats to find real names of 1 year old and put their real names above was just an illustration)

- that in my CGHS / Chawl / Villa / Bungalow there is miniature temple + church + gurudwara + mosque and/or representation of all religions exits in walking distance where once during LONG visitation allotted to me of my own child I will take my child to pay respect to GOD so that he gets religious teachings – learns at this age fathers religious practices.

- that whenever LONG visitation is given Anita, Paro, Jaya who are my 1 year old’s blood relations (aunt) will spend whole LONG visitation hours in my home so that 1 year old starts recognizing his father’s side relations who is who. (mention real aunt – extended female relatives names above was just an illustration)

- that I have 4.5 K in my bank balance as QAB which is sufficient to take care of 1 year old’s LONG visitation hours spent (if any) financial needs.

- that Dr. Jindal world’s only renowned pediatrician lives 3 flats – 3 doors above mine  and in case of any untoward emergency faced by my child during LONG visitation hours he will be referred to Dr. Jindal who is Registered Dr. having MCI registration No. such and such and State MCI registration no. such and such and he is visiting Pad. Consultant to such and such hospitals.  (first in neighborhood find a registered pad. Dr. and mention that name above was just an illustration).

- that I affirm under Oath that at the time of submitting my prayer annexed with above true typed self attested documents I instructed by maid to clear her servant quarters and if Court is in opinion that mother should accompany my 1 year Old then she is welcome to drop my child in  my arms and retire to my maids quarters till time comes to hand over my own child back to her as per honoring Order of this ld. Court and I have no objection if she brings her own packed food to eat during LONG visitation hours I spend with my own child. 

Young man the LIST OF DOCUMENTS is exhaustive and at or should I comment above yard long or more than S. 17 GWA inference and at this stage if you follow 10% of above and achieve LONG visitation hours as confidentially told to forum then come back I will complete rest of 90% for getting the custody too.

BTW, if it helps I convey my all the best
J

PS:
The natural mother in saree, sindoor and glycerin will only object the above bold on first hearing date when you produce above adviced documents that is why this is just 10% list of documents suggested. Rest 90% other repliers may add as per their wisdom.

stanley (Freedom)     19 September 2013

If you are based in a European country and you are contesting your case over there than i would agree with your confidence of long visitation hours but please try to remember that this is india where even shared parenting has yet to come . 

1. The moment your wife looks at your application of long visitation hours i am just trying to tell you the way she would react .

She will jump or her counsel will jump just like monkeys and start dancing in front of judge . Your honor child is only one year old and he is still being breast fed till date and as you know breast fed milk is good for the child and i have to feed him at alternative short intervals hence i am pleading at the cost of the child healths how can such long visitation hours be granted as per their application :( and thus goes into the dustbin your police clearance certificate that you are neither drunkard or criminal or rapist am i right ??

2. Even though visitation would be granted at any cost to the natural father than see how your wife reacts allowing you on one date to visit and the next date she want allow stating that child is sick etc etc .

I would rather say visitation is at the discretion of the court and take whatever is granted . Develop a rappo with your child and over the course of time once your child is used to you than seek longer visitation hours . 

Initially its Josh that builds up in a person although i dont want to lower  your confidence level but see the no fathers in this very forum and send a PM and seek their replies over their visitation hours .

1 Like

Tajobsindia (Senior Partner )     19 September 2013

Originally posted by : stanley
  If you are based in a European country and you are contesting your case over there than i would agree with your confidence of long visitation hours but please try to remember that this is india where even shared parenting has yet to come  

 I totally differ to only above quoted opinion of @ Stanley.

1.    Years back I quoted hon'ble Orissa HC Judgment where for the first time in legal reported knowledge ‘shared – joint visitation’ of minor (female!) of asked age was given to both natural parents. Later after 1 years same parties were granted by Orissa HC ‘shared joint custody’. I already placed the judgment in LCI. In this case mind it divorce happened beteeen parties.

2.    Well on 12th. Sept. 2013 hon'ble Karnataka HC granted ‘shared – joint custody’ and ordered that the minor boy would be with the father from January 1 to June 30 and with the mother from July 1 to December 31. In this case mind it divorce has still not happened beteeen parties.

3.    The point being stressed by stating para 1 and para 2 is that what you are saying as never heard of in India is already Judicial wisdom and being quoted by several fathers to duplicate in their own cases such citations that also from two diverse hon’ble HC’s.

1 Like

(Guest)

@ Stanley. 

Thank you very much for your reply.

Just to bring to your notice, in my thread i have not said about confidence of long visitation hours but confidence only about visitation rights.

If She will jump or her counsel will jump just like monkeys and start dancing in front of judge . Your honor child is only one year old and he is still being breast fed till date and as you know breast fed milk is good for the child and i have to feed him at alternative short intervals hence i am pleading at the cost of the child healths how can such long visitation hours be granted as per their application

Then can i jump like baboon in front of judge by saying that  Your honor my wife is working lady daily travels approx 30 km & stays away from baby for 12 hrs a day (She has already agreed during HMA 24 argument) keeping child in the hands of maid. So childs father/Grand mother will definately take better care of baby than a maid.

 

Thanks

stanley (Freedom)     19 September 2013

Originally posted by : Tajobsindia


Originally posted by : stanley
If you are based in a European country and you are contesting your case over there than i would agree with your confidence of long visitation hours but please try to remember that this is india where even shared parenting has yet to come . 
 I totally differ to only above quoted opinion of @ Stanley.

1.    Years back I quoted hon'ble Orissa HC Judgment where for the first time in legal reported knowledge ‘shared – joint visitation’ of minor (female!) of asked age was given to both natural parents. Later after 1 years same parties were granted by Orissa HC ‘shared joint custody’. I already placed the judgment in LCI. In this case mind it divorce happened beteeen parties.

Can we have the judgement . circumstances and the criteria of case to case basis may vary provided there were no objections raised by either party . 


2.    Well on 12th. Sept. 2013 hon'ble Karnataka HC granted ‘shared – joint custody’ and ordered that the minor boy would be with the father from January 1 to June 30 and with the mother from July 1 to December 31. In this case mind it divorce has still not happened beteeen parties.

But i dont think so the age of the child is under 5 years old maybe wishes of the child may have been taken into consideration .I wish  the judgement could have been posted here .As far as my knowledge goes CRISP was fighting for shared parenting in karnataka . So it seems their goal is being obtained gradually good to know about the same :D


3.    The point being stressed by stating para 1 and para 2 is that what you are saying as never heard of in India is already Judicial wisdom and being quoted by several fathers to duplicate in their own cases such citations that also from two diverse hon’ble HC’s.

@ author 

you can on those grounds and all the more if you state that you are working from home you can state it would be all the more beneficial in your case. I hope you dont mind the jokes . All the best in your quest for visitation and may god bless you . 

stanley (Freedom)     25 September 2013

Karanata judgement .

 

But the grounds for joint custody are on medical grounds 


Attached File : 141314766 bangalore judgement.pdf downloaded: 123 times

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