Domestic violence and maintainence case
stani
(Querist) 12 February 2014
This query is : Resolved
Dear sir,
the matter is in court for maintainence and my husband has applied for application to court for access of the child and today was the court date. and somehow i failed to reach the court today what could be the consequences? what is injunction order to the say and what happens next? how will it affect the case?
as my lawyer says he put an injunction order to respond to the say for application for access of the minor child and the child is with me. he has asked for another date to submit my say regarding the application of the access of the child. pls help
Devajyoti Barman
(Expert) 13 February 2014
No problem. Your advocate must be present. if you have engaged an advocate you need not be present at the date of hearing unless the court specifically asks you to be present.
Your husband will get the visitation rights. Your child also needs his father.
You can wage bloody war but do not make the child child suffer. Allow him to get the company of both of you.
You can however in your application controvert if there is any allegation against you.
Advocate M.Bhadra
(Expert) 13 February 2014
Court can consider on application by your husband,the Permanent Custody ,Interim Custody and Visitation Right
Permanent Custody is awarded by the Court after determination of all aspect of the case. Prime Criteria before awarding final custody in favour of one spouse as against the other is Welfare of the Child.
Interim Custody is awarded by the Court during the pendency of the case before it. Generally, the Court awards interim custody when such an order does not affect the over all development of the child and same is in no way prejudicial to the interest of the minor. While awarding interim custody, Court has power to impose certain conditions which could be deposition of passport of minor, if any and/or direct the party to deposit its own passport so that the child could not be removed from the jurisdiction of the Court
.
Visitation Right is granted by the Court at two stages. Firstly, at the stage of trial, and the other, after determination of entire issue of the appointment of Guardianship of minor by the Court. Once the permanent custody is granted to one of the spouse, other parent has an inalienable right to meet the child/children one or twice a week/month or as directed by the Court.
V R SHROFF
(Expert) 13 February 2014
as ur husband salary is 1 Lakh pm, and u must hv recd mtn, his chances to access is very high.
As u r also B.Com, and can lok after ur 5 yrs child well, u will retain custody..
However, facts can be shifted.
Not appearing few times in court does not matter..
Rajendra K Goyal
(Expert) 13 February 2014
Well advised by the experts, agree to it.
ajay sethi
(Expert) 13 February 2014
agree with Mr Barman
Guest
(Expert) 13 February 2014
Well advised.
T. Kalaiselvan, Advocate 
(Expert) 14 February 2014
Not attending the court in a civil matter by the litigant regularly on all the dates of hearing is not a crime. Your advocate is there to take care of the situation. But see that this is a sensitive issue, i.e., child visitation rights, your behavior should not draw an adverse inference.
