Dva & hmop
Querist :
Anonymous
(Querist) 13 January 2012
This query is : Resolved
Dear sir,
My wife had Filed DVA on me & family in that she said "they had tried to rejoin in many ways but we doesn't cooperate" which is not true. After receiving the DVA petition I filled RCR for reunion to rejoin. She again filled an Interim Maintenance in DVA, We also give counter for her DVA main & I.M petitions. In RCR I had asked the Visiting Rights of my 3 yr old male child. But they are not giving counter for RCR main & visiting Rights.
1. Is there possibility for avoiding Visiting Rights? If so How to tackle that..
2. If in the RCR counter IF she says she is not willing to rejoin. Will it be useful to file divorce.
3. At what age can I get full custody?
4. In Interim I am ready to pay for both. But All I need is to have a normal rights as all fathers expect, Bcoz still I love both. Can I get? :(
Raj Kumar Makkad
(Expert) 13 January 2012
1. Your right to visitation cannot be ignored in any way. You shall have to wait for the verdict but after all you shall win qua this right.
2. Yes.
3. There is no such age limit. Court has to see the welfare of the child. If this is not found with you even at the age of 17 years of child even then it can be denied to you. On the other hand, it can be given to you even if he is of 5 years if you succeed in relevant test.
4. It depends. Your legal liability is right of your wife and child but moral rights being father/husband depend upon various other factors.
Sankaranarayanan
(Expert) 13 January 2012
Really mr makkad's answer is more enough for ur query. Came to know that u love ur wife and kid too first throw ur ego and other then with the help of senior of ur family to talk ammmicably and try to solve the prop All the best
Querist :
Anonymous
(Querist) 14 January 2012
My thanks to Mr. Makkad
Sankar sir in this our senior members are in ego. Her father want to revenge my family. In my family they dont want to go for amicably bcoz they had included my sister & her in law in DVA. As we both love each other till now we didn't give any divorce. All my father in law need is to claim some amount from my father.
Raj Kumar Makkad
(Expert) 14 January 2012
If you both are agree to live with each other, discard all others and pray them to live you with all possible happiness. You shall have to take bold step against the egoistic attitude of your elders.
prabhakar singh
(Expert) 14 January 2012
Marriage is between you two and you both love togather then do not allow any side elders to spoil your love life,it is a time to go bold as it is not disobedience of any one.
Deepak Nair
(Expert) 14 January 2012
Sufficiently advised by Mr. Makkad regarding the legal aspects.
To save the marriage or to go ahead with the court proceedings is your choice. We can only advise you and wish for your re-union.
Devajyoti Barman
(Expert) 14 January 2012
1. Your wife would try to avoid but she would fail anyway.
2.Divorce is not possible except on fresh and subsequent cause of action. With RCR you have deemed to have condoned all her past cruelties.
3. It is welfare , no the age which determines the custody of the child.
4. Yes you will get. Do engage an expert in family law matters.
Shonee Kapoor
(Expert) 14 January 2012
Unfortunately, child visitation is denied for long long durations by non-appearance, not bringing the child, not complying with the orders.
If you want to have visitation rights, harp on that alone for the time being.
Also file an application under Guardian and Wards Act.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
