amit 08 November 2016

International - wife not allowing visitation

Dear friends,

I live in USA, I got divorced with my wife early this year who lives with our son (6 years) in Ahmedabad, India. We got divorced through court, whereby I paid lump sum Rs 29 lakhs alimony for son and wife. The Ahmedabad family court granted me 7 days visitation (4 + 3 days twice a year) from 11 am to 6 pm in presence of my wife.

I called my wife in September to inform her that I plan to visit our son for 4 days on November, but she didn’t pick up the phone. I left a message with her relatives to inform her, so I think she has got the message, but now no one is picking up my phone. After she left me without informing me 3 years ago, she has never allowed me to talk to my son, I could hardly meet him 2 times during my 2 visit to India. My ex-wife does not want to allow me to meet our son.

I called my ex-lawyer, he advised me to send her a registered mail informing her about my visit and tell her if she doesn’t allow visitation I will go to police and court. I am doing that, as well as I am emailing her about my visit. But I dont think she is going to care to respond.

I am going to India specifically to meet my son for a short time. I want to ensure I am able to meet him for the maximum time allotted to me.

Please advice what I should do.

Thank you

Amit

Reply Follow

4 Replies

(Guest)

Why simply bother yourself regarding meeting son? Family etc proper means all should be in order. You guys having kid got divorced that itself big shame. Now visitation rights execution. You can try n meet son, but if she doesn't cooperate then again go court. I suggest you better shift back India. All these can't be sorted out sitting there. What your lawyer does or not even God can't make out. Point is, unending litigation for life. Better forget kid. Remarriage is an option. Adoption too. Surrogate mother is best option. K

Kumar Doab (FIN) 08 November 2016

If you have beens ending emails,SMS, letters by registered post then you are building record: that is it.

Rest is excercising your right awarded by court of law thru state, court.

Your lawyer has already advised you on it.

Agreed that alongside look into your own future as well.

(Guest)

Amit, No other go other than going for appeal. Its a fight which won't end. Now visitation rights. Next property cases. Reason behind suggesting letting go kid is, distance involved n peace of mind. Anyway all lose, nobody wins in matrimonial matters.

Ashok Thakur (Senior Lawyer and International Law Consultant) 21 November 2016

Hello Amit, I am very sympathised with your situation and ongoing frustration. Having a successful, proven and demonstrated professional record of more than 37 years of experience in U.S. Family Courts and Indian Family Courtsdealing with similar problems in in Marriage and Divorce in multiple jurisdictions, I can reasonably suspect a foul play of double cross by your ex-lawyer in Ahemedabad, as he is not going to get any penny from you now, whereas, he can extort some money from your Divorcee on account of aiding her with your future plans and visits to Ahemedabad. STOP interacting with him any more.

Available Remedies and Corrective Steps:

Move the Ahemedabad Family Court to REVIEW your Visitation Order with Criminal Contempt.
Move the Court of CJM, Ahemedabad, with a Criminal Charges of Abduction.
File Complaint of Professional Misconduct under Indian Advocates Act against your Ex-Lawyer in Ahemedabad.

Please contact me as soon as possible, if you are still in United States at : AKTLawGroup@gmail.com for privacy reasons.

f you have already arrived in India, please give me a buzz at +91 845 900 4886

Ashok Thakur

Senior Lawyer and Attorney

Supreme Court of India and United States

24x7 Free U.S. Hotline: +1 202-239-6780