Wife breaks agreement on visitation

@ Author

That is what happens when a 'faulty" agreement deed is agreed upon in heat of 'compromise" that also with money for 'visitation'.


Now whatever you do is simple time killing from one court to another court. It is more to do with advocates skills towards safeguarding client best interest with clear date of execution / operation of agreement mentioned in it and what is this on "negative image" building your advocate is telling you to follow !. I mean your image is positive image and her image (visitation denial act) is best mother award image building kya.............


What you will do by having my no. We live few blocks away from Dwarka courts :-) Go to Haridwar meanwhile hve fresh air and Ganges snyan any how all Dist. courts are openning on 2nd. July.....

Hi Tajobs,

What can I do now? May be I will go ahead with the 1st motion atleast...

But I want to file a case against her for denying visitation. I know you said that it will be time killing going from one court to another plus money. Please advise how can I file this case myself and argue mself. On LCI and other forums I have seen many judgements in which wife's have been jailed for casual approach on denying visitation and even fined. In agreements if date of execution is not written it is very understood that agreement is valid from the date it is signed. infact agreement is valid from the date it is signed unless any execution dates are mentioned in the court. 

I also very well Know that if i file this case now nothing much will happen, but I am sure she will create problems in future as well after 1st motion and if I file a case then too, then I am sure court will take some strict action and may be this even helps me in custody.

Its a an earnest request to guide me and help me with the sample draft and what would be heading of the case.

Should I file this case on opening of the courts seperately or file when I move the 1st motion. 

@ Author

What I can guess from your reply mail is that there were some activity at DWK courts and ld. DJ intervened due to some application for adjudication before him / her or may be due to reference from one of the sub-ordinate Courts – whatever….

Hence the ld. DJ supervised the compromise between parties means he / she might have had open court and or in-chamber given cool gyan to spouses and based on his/her such ice breaking approach spouses agreed to enter into agreement / compromise deed with xyz paras and either one of you popped a compromise deed and your mail also says that some FD for child is part of it as well as some visitation agreements are also part of it but both sides failed to put an effective operation date from when parties executed between them compromise deed will start in operation ? .


My moral que. is did ld. DJ record any of it and or were a compromise deed (Notarised) formed part of any joint exhibit before ld. DJ court as material record? This part is not clear form your very first post !


My doubt is NO as it was simple gyan which both sides agreed that is why you also say that you are supposed to withdraw divorce before KKD Court as per instructions of DWK Courts ld. DJ !.


Hence, what it was other than a simple gyan of ld. DJ which made sense between you two and you took it as binding from date of his gyan i.e. 26-05-2011 whereas either converting and or withdrawing your divorce at KKD Court is yet to be effected upon but both of you have copy of some compromise deed / agreement executed between both.
 

If all above interpretation of your first query which we are for your sake once again interpreting then in my opinion play a Mr. cool (bechara) role for next few weeks as per above first reply of mine for a simple reason that if before either courts vacation Judge if you approach he / she will post any such new application to date of hearing basis that also at original Court where the matter is pending with service order to O/P or O/D. Is it going to solve any purpose I would say once court opens and first her side will talk of great ld. DJ’s intervention and compromise deed of parties and wish to proceed on MCD route etc. which are all rosy submissions to ears of any ld. ADJ’s Court as one less case before their court and then who is going to listen to you at that moment…..the colly. ans. is a big mediocre NO from us. I am aware it is wrong to say so but then that is what could happen as you approached us at last moment.  
 

Now if most of above interpretation are more or less right on track then do one thing convert your Divorce pending before KKD Court into that of one of MCD using O 6 / R 17 R/w S. 151 CPC Application as well as put another Application in same court (KKD) under O 23 / R 3 R/w S. 151 CPC for allowing parties to enter into compromise. Seek also respective ld. Advocates Affidavits mentioning compromise is in welfare of child as adults can't compromise on behalf of a minor without leave of Court. These are correct proedures which many avoid as short cut approach when MCD is confirmed between spouse ! After which put a Joint MCD Application and Exhibit Compromise Deed / Agreement as Annexure PX and same will be taken on record. Statements accordingly recorded and order of concerned Court will have the compromise deed paras as material reference paras in its detailed Order. This time while recording statements mention the effective date of operation of the exhibited compromise deed.


Now what 2-5 visitations are gone are gone as servicing the fresh application will result into 'change of her mind - may be" and again back to endless litigation course. Treat her as aya of your child and for that you are giving some FD’s against which you are getting twice a month visitation of 15 months old kid.


I suppose with above interpretation both sides are required to keep procedures basics intact and properly followed with correction of crucial point done with now ! 


Lastly what all. Judgments you are referring to are post material records not prior to it as it can never be ! I myself has posted 2 SC judgment on contempt of court with fine on visitation itself but read them carefully do they fit into your facts !!!!!.

Thanks for the update.

In Dwarka Court 125 CrPC was pending. on 26 may 2011, it was one of the hearing. Prior the DJ had sent for reconcillation but nothing could happen. Even my divorce petition was pening at KKD Courts. On 26 May when the matter came up for hearing the judge asked what we want, she said she wants divorce. on this judge said on what amount she expected. they said 15 lacs, i offered 6 lacs and judge got it compromised on 7 lacs in open court. There itself she got an agreement typed got it signed by both of us and a copy each was given to each of us. The judge also got signed one more document from both of us that this agreement has not been pressurised on us and we have done it as per our wish, it has been kept in court records. It has been mentioned that MCD will be filed in 1st week of July but I have to withdraw my divorce petition in KKD Court. Their lawyer had suggested that we convert the divorce petition at KKD as MCD but judge said no, MCD will be filed in Dwarka Court only. That's why in agreement its written that I will withdraw the divorce petition at KKD.

I know one thing the DJ at Dwarka Ms. Deepa Sharma is very strict, she had refused to give any interim maintenance to my wife (not in order) this could be a reason why they agreed for the agreement. To best of my understanding any agreement is valid form the date its signed unless any execution date is mentioned in the agreement. If execution date is not mentioned, it should be taken valid from the date it has been signed.

I was supposed to withdraw my petition  on 4th June from KKD court but the ADJ manmohan Sharma was on vacation and the earliest date which we got was 20th july. Now MCD at Dwarka can be filed only after 20 july if my wife wants to file it. I had my apprensions that she will create problems in visitation and this came true on the 1st visitation itself. Now on 20 july its date for my divorce proceeding as well as their execution for their earlier sec-24 judgement (when i had filed my RCR). If they are withdrawing their execution , i will also withdraw my divorce case and if they do not withdraw i will also not withdraw my divorce petition.

I know that nothing much will happen even if I file a case that visitation has been denied, but I am sure my wife will get a warning from a court which could be a basis for future if she does that again in future on some other pretext. Definitely I will like to file the case in the court of Ms. deepa sharma ld. DJ when the court opens. Please advise on this... and guide as well

one more thing, with respect to my daughter's name, I name it ANURADHA PRASAD and was updated in MCD records and a certificate was iisued. they got it changed to LAVANYA. I just want that her name should be LAVANYA PRASAD. My family's name is not included in my name but i want that to be part of my daughter's name. How can I get this done?

Last mail

1.    If you feel it is an Agreement as you say then why didn’t you Execute it via Execution Court! In my opinion it is a simple STATEMENT of parties recorded thus becoming material records of the court!!!!!

2.     Ld. Ladyship is a Principal Judge (PJ) not DJ as made out so far by you!

3.     You may do as it pleases you, enough detailed advise have been given on supposed contempt of court order and BTW in case you and your lawyer donot know then Family Court established under Family Court Act, 1984 can't take CONTEMPT of COURT at all as per Rules! Least Ld. PJ will reprimand endlessly to her in your presence in open court to levitate your ego but ld. PJ is smart she wants this MCD to be done with-in her Court Jurisdiction so the issue will come back on a fundamental que. ‘did you bring petition for MCD kya “!.   

4.     Below is assumingly Ladyships Order which you may be confusing about anyhow it is your case and mentioned here without prejudice to any sub-judice proceedings before any Court and may not be correct one and does not require any further clarification in open forums as it is assumptions basis; 


26-05-2011
Present: Applicant wife with ld. Counsel
              Defendant Husband with ld. Counsel

Efforts for reconciliation made by talking to both the parties resulted into will to proceed with compromise of all their issues amicably. Parties submits that they have been not living together since long and there is no possibilities of their living together and have made up their mind for dissolution of their marriage. Joint statements of the parties is recorded separately.
Put up for Order at 4 PM.

Sd/-
Ms. XXXX
XX, Family Court, XXX

At 4.40 PM
Present: None

From the averments made in open Court of both the parties as well as documents placed on record, it has come to record that the parties were married to each other on xx.xx.xxxx at xxx place according to Hindu rites and ceremonies; marriage was consummated and one daughter namely Anuradha Prasad was born out of the wedlock on xx.xx.xxxx. It also stands established that on account of temperamental differences, the parties have been living separately since xx.xx.xxxx i.e. for more than one year and have not been able to live together since then. From their statements, I am satisfied that they have voluntarily decided to part ways amicably and seek dissolution of marriage by mutual consent in terms of settlement recorded today in their joint statement. I am also satisfied that their consent has not been obtained by any fraud, force, coercion or undue influence.


In view of the above, this S. 125 CrPC application stands disposed and parties are required to furnish petition under S. 13B (1) of the Hindu marriage Act, 1955 before this Court by withdrawing earlier filed S. 13 (1) (ia) HMA petition pending before ld. ADJ, KKD Courts as per terms of settlement arrived at today in this Court.

File be consigned to record room.

Come for purpose on xx.xx.xxxx

Announced in open court.                                                 
Date: 26-05-2011

Sd/-
Ms. XXXX
XX, Family Court, XXX


Joint statement of 1. Ms. XX, W/o XX, R/o XX
AND

2. Mr. XX, S/o, R/o


We got married on xx.xx.xxxx at XX place according to Hindu rites and ceremonies. After marriage, we both resided together as husband and wife at XX place. The marriage was consummated and one female child namely Anuradha Prasad was born out of the wedlock on xx.xx.xxxx who is in care and custody of applicant / wife. We have been living separately since xx.xx.xxxx and have not been able to live together since then. We have not cohabited with each other ever since the day of separation. There is no possibility of our living together again as husband and wife, on account of temperamental differences. Efforts for reconciliation and resolution of differences made by us, family members and well wishers have failed.


We have amicably resolved all our disputes with respect to stridhan, permanent alimony, maint. as well as custody of minor child with the intervention of FC, DWK Courts during the proceedings under S. 125 CrPC. A settelement dated 26-05-2011 has been executed between both of us. Copy of same is Ex. PX. As per settlement defendant ./ husband will pay DD of Rs. 2 Lacs at first motion and Rs. 5 lacs during second motion in full and final settlement of all her claims of stridhan, maint. permanent alimony and the maint. of the minor child. It has been further agreed by applicant/wife that on each 2^nd. and 4^th. Sundays she will grant visitation rights access of parties minor child to natural father for xxx hrs. specifically from xx pm to xx pm at xxx place.


The defendant/husband shall withdraw his divorce petition bearing no. HMA XXX / XXXX under S. 13 (1) (ia) H.M. Act, 1955 which was pending before the ld. Court of APJ, KKD, Courts before filing joint petition for divorce under mutual consent divorce before this Court. The applicant/wife has agreed to withdraw her execution proceeding pending under S. 24 HMA before the ld. Court of ADJ, KKD, Courts before filing joint petition for divorce under mutual consent divorce.


We both undertake not to file any case/complaint against each other/respective family members at any point of time in future with regard to this marriage.


We have made the above statement out of our own free will and without any threat, duress, coercion or any kind of pressure from any corner.


We pray that we may be allowed to approach this Court under S. 13 B (1) HMA to dissolve our marriage under MCD.

RO & AC

Sd/-
defendant / husband

Identified by:

ld. counsel to defendant / husband
Enrollment no.:

Sd/-
applicant / wife

Identified by:

ld. counsel to applicant / wife
Enrollment no.:

Sd/-
Ms. XXXX
XX, Family Court, XXX
26-05-2011

Thanks.

she was PJ but on 26-05-11, on the board it was written District Judge, earlier it was written PJ.

The agreement is somewhat what you have written.

Ok so from my common sense i have the following option:

1) On 20th July, if she doesnot withdraw her execution petition, i will also not withdraw my divorce, and will move visitation petition which I will keep ready, so that i get a proper court order.

2) If she withdraws her execution petition, i also withdraw my divorce petition. I move petition for her act that she she denied my visitation rights on 1st motion at Dwarka courts. What has to be the subject? under what provision it has to be filed. If the judge scolds her in open court she will get some sense. atleast this act of her goes in record

CHANGE OF DAUGHTER'S NAME

I had kept ANURADHA PRASAD, they changed to LAVANYA, I just want it as LAVANYA PRASAD. How to get this done?

Sir, apna no. toh de do

you are being emotionally blackmailed by wife

Praveen Ji,

You must have the 10 or 8 odd numbers from 1 to 9 from the very first reply of ur query.If u got what I want to say  get it before you ganga snaan...  you are a lucky chap been offered,

TWO SANE PEOPLES WHO HAS BROUGHT AN INNOCENT SOUL ON THIS HOLY LAND. USED TO DEPRIVE ANOTHER IN CASE THEIR EGO DO NOT GET FULFILLED. IT SAME ON HUMANITY. IS'NT IT?

MA AND PA THESE TWO WORDS MAKE A LITTLE ONE A RESPONSIBLE CITIZEN (ops A RESPONSIBLE HUMAN BEING).

CLEARLY WE ARE EXPECTING MORE THAN OUR CAPACITY TO DELIVER FOR THE SOCIETY AND NATION OR WE ARE DELIVERING MORE (CREATING LALACH) THAN WHAT WE SHOULD EXPECT FROM AN OPPONENT IN CASE OF CIVIL CONFLICT. 

I could not understand your number system