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Child access to mother and father

This query is : Resolved 
 


Querist : Anonymous (Querist)
16 August 2011

Dear Experts,

My wife is staying away for more than 15months. She left our home to write exams. But now she suspects me of doing some black-magic on their family. Our only son, 6 years old is staying with me. When I approached her last time to get her back, she complained in CAW cell. She has become a Brahma kumaris follower under influence from her mother and younger married sister. I am unable to talk to her over phone. She does not maintain a phone and when I /or my son try to call her mother's phone or sister's phone, they say that my wife is not interested to talk to me and our son.

Recently her maternal uncle approached her personally and advised her to at-least talk to the son on phone. But she seemed to have refused and answered quite bluntly to "take the son with them if they are so much concerned about the kid". she is not interested to interact with the kid even on phone. My wife is brain washed by her mother and sister to believe that our son is possessed with an evil spirit.

Our son is badly waiting for the mother and he is quite attached to me.

Now, my question is: Can I approach a police / court to facilitate the communication between mother and our son?

Can I ask for an order to make her meet him at regular intervals? Does the child has any "right" to access the mother? I have never harassed my wife. I never talked bad about her in front of my kid even after she deserted me.

Kindly let me know if there is a way.


M/s. Y-not legal services (Expert)
16 August 2011

Just issue a legal notice and file a petition restitution of conjugal rights.. After seeing her reaction you may proceed further. Legally you can't take any actions against your in laws. Since your wife on matured age, she can can select any religion. Thats her right.

Raj Kumar MakkadOnline (Expert)
16 August 2011

Your story is really very very emotional. I have full sympathy with you and your kid.

Alas! I would have done something for you. Sir, unfortunately there is no such law to deal with such situation as per your desire. RCR is one option but it do not meet the requirement.

I suggest you to approach higher officials of Brham Kumari mission nd make them understand your position and persuade them to send your wife back to your home. I am fully hopeful that only those missionaries may become helpful in your case.

M/s. Y-not legal services (Expert)
16 August 2011

Nice makkad sir.. Am also thought about your last advise. But am don't have hope with that mission sir.. Because the wife was brain washed and taken away from matrimonial life mean that mission's role also might be there. They will welcome 100 peoples. But never will be ready to send back a single person. I think so.. Am i correct?

Dr Anil Kumar Singh (Expert)
16 August 2011

Dear, You at the earliest have to report the matter to higher police officials before you take any action against her at Court.

Next step is to put up pressure on the family of your wife to send her back to you with the help of various forums active in the locality.

Immediately file application for restoration of conjugal rights.

Gulshan TanwarOnline (Expert)
16 August 2011

In your case you can go for permanent injunction against your wife on behalf of your Son and the very thing which had to be seen is the welfare of the child.

Make brahma kumaris as other party in the case, make an appropriate writ prohibiting your wife to take part in religious affairs till your son attains majority.

Though it is very much technical but remember that even fundamental rights which are equal to both can be denied to your wife for the welfare of the child.

Gulshan TanwarOnline (Expert)
16 August 2011

Denial of FR to your wife will result as compensation to her from the State exchequer. So go ahead and do the favour to your child.

All the best!!!


Querist : Anonymous (Querist)
16 August 2011

Dear All,

Thanks a lot for your valuable suggestions and allocating your time to help me. I have already filed for RCR. The date of posting will be known very soon. Regarding approaching Brahmakumaris for help, I have been trying this but they seem to not care much. I have some apprehensions on making the Brahmakumaris as a party, as I heard they take such things negatively and try to crush the people going against them as they have money and muscle power. Please let me know if I am wrong on this. Dear Gulshanji, please let me know if there is a case example in the past regarding denial of Fundamental right as suggested by you. Thank you all again. With regards...

Gulshan TanwarOnline (Expert)
17 August 2011

There are many case examples-- your lawyer will tell you all. Take the help of civil and constitutional lawyer--- as the matter touches very rights of everyone but the crucial thing is that why you are going for (RCR)as that cannot give favour to your son, instead it will harm you more.

Gulshan TanwarOnline (Expert)
17 August 2011

The democratic State may never reach its greatest potential without a citizenry sufficiently educated to understand civil rights and social duties, Bandhua Mukti Morcha v. Union of India & Ors., (1997) 10 SCC 549. These conclusions all follow from our opinion in Unni Krishnan.

Education remains essential to the life of the individual, as much as health and dignity, and the State must provide it, comprehensively and completely, in order to satisfy its highest duty to citizens.

Unlike other fundamental rights, the right to education places a burden not only on the State, but also on the parent or guardian of every child, and on the child herself. Article 21A, which reads as follows, places one obligation primarily on the State:

"21A.Right to education-The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine." By contrast, Article 51A(k), which reads as follows, places burden squarely on the parents:

"51A. Fundamental duties - it shall be the duty of every citizen of India

(k) who is the parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and years."

The Constitution directs both burdens to achieve one end: the compulsory education of children, free from the fetters of cost, parental obstruction, or State inaction. The two articles also balance the relative burdens on parents and the State. Parents sacrifice for the education of their children, by sending them to school for hours of the day, but only with commensurate sacrifice of the State's resources. The right to education, then, is more than a human or fundamental right. It is a reciprocal agreement between the State and the family, and it places an affirmative burden on all participants in our civil society.

This Court has routinely held that another fundamental right to life encompasses more than a breath and a heartbeat. In reflecting on the meaning of "personal liberty" in Articles 19 and 21, we have held that "that `personal liberty' is used in the article as a compendious term to include within itself all the varieties of rights which go to makeup the `personal liberties' of man." Kharak Singh v. State of U.P. & Ors. AIR 1963 SC 1295, para 16. Similarly, we must hold that educating a child requires more than a teacher and a blackboard, or a classroom and a book. The right to education requires that a child study in a quality school, and a quality school certainly should pose no threat to a child's safety. We reached a similar conclusion, on the comprehensive guarantees implicit in the right to education, only recently in our opinion in Ashoka Kumar Thakur v. Union of India & Ors. (2008) 6 SCC 1.


Querist : Anonymous (Querist)
18 August 2011

Dear Gulshanji, Thank you so much for giving me the information. I will discuss these points with my lawyer. I live in Andhrapradesh and my wife is currently in Dwarka, Delhi. I think they may not even respond to the RCR filed by me. More than the Brahmakumari effect, I believe they ( she along with mother and sister) are more holding on to the idea of Black-magic and possession of evil spirits. The story is created by her sister and mother that I possess supernatural powers and even my son is having some evil spirits. My wife, who believes them strongly, has turned to Brahmakumaris. In parallel to pursuing the legal path, I am trying to take help of some Social workers/ NGOs at Delhi to mediate. But till now I have not got any good lead for this as I stay far away from Delhi. Thank you again for the encouraging leads given by you. With regards....



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