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ramesh sabherwal   19 July 2015 at 12:11

child access, custody & care, restraint order against inlaws

Hello and good day.

I and my wife have several differences which can not be compromised. We are married for 16 years and have two children. Both are girls. 9 and 11 yrs old.

It's clear that the divorce is the only thing left to do. However there are a number of issues which need to be settled before the divorce can be file.

My wife presently lives in Abu Dhabi UAE with the children. I have been back in India from Abu Dhabi since the last two years. For my work. I did ask my wife to relocate a number of times and she has always denied to relocate saying that after living alone for the last two years she likes her freedom and can't be living with me because she now is not answerable for what she does.

The children would visit me every school holiday over the last two years my wife also woukd visit me in india and we have gone on 3 family holiday together over seas.

Recently the wife has stopped the children from contacting me and not allowing me to contact the kids. It's been 2 months plus that I have not had any contact from them. I have just come to know that she has sent the children to visit my inlaws in Bangkok Thailand. She has sent them without asking me or taking my consent. I don't like the children visiting the in laws because they have interfered heavily in my marriage and brainwashed my wife against me and also recently the children too. Further more her brother who is also there is a criminal who has spent jail term for crimes, presently is a gambling bookie and is having several loan sharks looking for him. For this reason I fear that my children are in a bad influence environment.

I visited Bangkok when I came to know that the children are there. I went to see them at my inlaws house. The same day I reached the wife also reached. And she would not let me have any alone time with the children saying that she doesn't trust me and that I will kid nap the children.

I had to get a local lawyer in Bangkok to agree for thr children to decide if they wish to spend time with me. They children agreed to the lawyer that they wish to spend time with me from the morning to evening, 9am to 10pm. This was agreed with the wife and the lawyer based on the kids stating they wish to spend time with me. For the full stay of there for the next 12 days. And from this they will decide 2 days to spend with the inlaws.

The next morning when they were to meet me the father in law called the lawyer stating the one child is not comfortable to meet the father. And the other will meet but in supervision of the mother or the grandmother.

I had met them 3 days with supervision. And felt that each time the hostility was increasing from the kids towards me. Also the wife was very negative and hostile towards me. With the in laws constantly calling her and messaging her on her phone to check if all is ok.

It's for sure the children are brainwashed and influenced and told how to behave. Never in the past have the children shown any hostility towards me. I have never harmed the kids and have been the best father to them.

The mother is using the kids as a leverage to hurt me and will not allow me to have any alone time because she feels that the children might tell me what is happening with the inlaws and her self. So perhaps fears that I will know they are brainwashed

One daughter has said to me that must forgive her because she can't call me and message me because she was told by her mother and grand mother that she must sleep and not contact me. She also said that she wants to see me and meet me but is told it's not possible as there is some other plans made by the grandparents for the kids. Despite the kids being in Bangkok for 15 days already yet still the grand parents do not allow the kids to spend any time with me which is supposed to be quality time.

The children are being used as a tool in this and their innocent minds are being polluted and turned against me.

Can you pls advise me how can I apply for custody and care for the kids. I have proof stated by the mother that she is fed up of the one daughter who troubles her and she has sworn at her with bad profanities and called her derogatory names. Also slapped her in public with a loud scolding.

Also I wish to have a restrain order put on the inlaws so they can not come any where near to the kids. Either in Abu Dhabi or for the kids to visit them anywhere in the world. Can this be allowed on the basis they are interfering and causing more trouble to the marriage and relationship I have with the kids .Also the fact that the father in law is supporting the son in the wrong dealings and encouraging him to stay outside of Bangkok while the police are looking for him and the loan sharks are searching him.

The brother in law in in India. Hiding out . Because he can not now return back to Bangkok. Should I report him to the Bangkok police and inform his exact whereabouts . This will cause the father in law more trouble also because he has made a statement that he has no idea where his son is. But the truth is that the son is in india living at the father house .

Last how can I get any kind of visiting access to my kids which is unsupervised while I stay in Bangkok. I am fed up of spending time with the kids around the mother who is hampering the bonding with the kids as quality bonding.

I need advise how to go about filing for access. Custody. Divorce. It was a Hindu marriage in india. The wife is an Indian passport holder and I am a European French Passport holder of Indian origin.

Please advise.

Thanks

rachitp   19 July 2015 at 09:54

Rules put for extraordinary leave for studies are outrageous

Hi,
I am working at Uttarakhand state owned PSU on probation period of two years(completed one year of probation). I have applied for extraordinary leave to pursue Masters degree(Rules defined for leave in Uttar Pradesh Financial Handbook volume II part 2-4 Rule 85 and subsidairy rule 157A(4)). The conditions are as follows:
(1) the government servant concerned has completed three years of continuous service on the date of expiry of leave of the kind due and admissible under the rules
(2) before grant of the extraordinary leave the government servant concerned gives an undertaking by executing a bond prescribed in Form No. 10 to the effect that he would, if required, serve the Government after returning from leave in the same post or in any other capacity as may be required for a period of at least three years and, in default, pay to Government an amount equal to ten times the monthly pay which he was drawing at the time of proceeding on leave, and other expenses, if any, which may be incurred on him together with interest thereon from the day following the expiry of the sanctioned leave at the rate of one per cent over and above the Bank rate in force on the first day of April of the financial year in which the leave may commence.
Now they tell me the ramifications caused by the EOL i would take:
First if I join back after leave and serve for minimum three years:
The probation would be extended and i will be put again on probation for 2 years(although i have completed 1 year of probation)
as a result my seniority will be affected and i'll be at the bottom of pool(I am at the 5th position of seniority) so impact on promotion
My increments will be kicked forward for two years so impact on salary sending me back two years in service(HUGE LOSS IN FUTURE!!!!)
The other if I wont serve for minimum 3 years after completing the leave(what i Intend to do):
I have to pay out bond mentioned above. the amount is ten times of current monthly salary i.e aroud INR 5 lakhs.
In addition the service bond for three years which i had given at the time of joining amounting to INR 1 Lakh also applies.
That makes 6 lakh bond amount if i leave.
And above all the Leave is without pay(which extraordinary leaves are)
Now the situation that I percieve is going for masters with EOL is a LOSS on every condition. Can anybody help me out by telling which of the conditions can be challanged or are invalid that are made up Hypothetically by the HR deptt. as other way of saying 'NO' to permit for leave.
Can anybody help me to come out of this No-Go situation???Also Is someone having power with whom the bond amount of 10 times salary be negotiated???

Vaman   19 July 2015 at 08:44

Loan settlement

Sir/Madam

MY father had borrowed a loan from one of the bank and three years back my both parents died .
After the death of my father i had request bank to settle the loan but dint responded to me .Now they are telling me to pay 2.5 lacks which impossible for me and also they deducting installment from sureties.

please help me in this matter.
Thanking You

Anonymous   19 July 2015 at 01:41

arya samaj marriage

if i done arya samaj marriage what action will be taken against me from her family and police.

sujana   19 July 2015 at 01:08

absence of petitioner in divorce case

What happens if the petitioner of a divorce case doesnt attend the court for one year after 6 years of continuous fight in court

Asir   18 July 2015 at 22:55

Study leave for pursue m.sc degree to assistant professor having ph.d

As per the UGC letter dated 7th June, 2013,No:F.1-6/2012(PS) AND THE FOLLOW UP LETTER FROM DIRECTORATE OF HIGHER EDUCATION OF GOA WITH REF NO: DHE/MISC/2013/1935 DATED 17/07/2013, Study leave can be provided to a Assitant Professor to pursue higher studies. Now I am working in a University as a Assistant Professor in Physics. My qualification is M.Sc., Ph.D in Physics and I have completed three years of continuous service. Now I want to pursue M.Sc in other branch in regular mode(with/with out fellowship/Scholarship). Is I am eligible for pursue this degree under study leave ? In case I am not availed with scholarship to pursue this, can I get salary for this duration of this course ? I kindly request the lawyers from lawyers club to give clarification regarding this.

Saravanan Kumar   18 July 2015 at 22:52

Notice period

I've resigned from my current employer, my notice period is 3 months. Either I can serve or buy out notice period as per appointment letter. I'm completing my one month notice period in next week. HR is non committal on my relieving date and not receiving reply also.

What shall I do now, the below is the point regarding my resignation.

"10. In the event of employee's deciding to resign from his services with the company at any time after joining, he has to give 3 months' advance notice to
the company in writing or pay equal amount of 3 months' salary in lieu of 3 months' advance notice. During the notice period, he shall complete all the
pending satisfactorily tasks assigned to him earlier without causing interruptions/disruptions to company's business activities failing which all his
arrears, if any, will be forfeited by the company & no documents pertaining to his relieving from the company will be given. He would also not be eligible for
any leave during the notice period.

However, the company shall have the right to treat his notice of resignation as resignation itself & revive him from service immediately without insisting upon 3 months' advance notice."

salim shaikh   18 July 2015 at 22:45

Noc from society for passport verification in police station

Sir I have all the documents . Just need to know is society noc compulsory for passport verification in police station. As im the owner . Have some dues pending with society they will not give me the noc.

Krishna   18 July 2015 at 22:45

Mental and psychological harrassment

my name sudha, and i am doing my M.D (Pharmacology) in deemed Medical College during last six months my Professor (lady) harrassing me and others students in such a way like Yelling, Demoralising, intentionally making us to do much work than required, and making us to do unused work, threating me that she will fail me in examinations. my seniors also told me that there also faced this kind of problem with her.
therefore I and some of my friends complained to the prinicipal and other concern staff but there have taken it for granted and supporting her.

so please anybody could help me to come out of this situation.
what kind of legal proceeding can be taken against her?

sanjay   18 July 2015 at 22:14

Bail from session court.

Respected Sir,
I have a case u/s 498a in rohtak court,lower court has acquitted us and now the other party has filed appeal in the session court,rohatk.now i have to take bail again from the sessions court.i dont know any local person from rohtak and nor my counsel is able to arrange a local person for surity.What are the other provisions of giving surity to the sessions court?Kindly advice.