Visiting rghts
Querist :
Anonymous
(Querist) 10 January 2012
This query is : Resolved
Dear Sir,
Me filed DVA no me by his father advice. Then filed RCR on her for reunion and Visting rights of my 3 yr old male child. The judge asked her to bring the child to court. For continuous 3 hearing she didn't bought the child & his lwayer told that they will give a counter. In DVA on the time of Interim maintenance petition by her I was not in job & we have given the counter, but now I got a job hearing around 15000 P.M. Will it be a problem.
1. Can I get my visiting rights?
2. If maintenance is granted How much I should give?
3. Can I ask Split custody?
V R SHROFF
(Expert) 10 January 2012
UR Q
1. Can I get my visiting rights?
2. If maintenance is granted How much I should give?
3. Can I ask Split custody?
REPLY :
1] YOU WILL GET VISITING RIGHTS
2]IF W NOT EARNING, 5K APP, IF EAERNING 2K
3]NO.
Devajyoti Barman
(Expert) 10 January 2012
1. Yes you can enforce the order of visitation filing contempt petition in the high court for violation of the order passed by the district court.
2. Whatever you would be directed to pay unless you get it modified by the higher court.
3.Split custody has concept in India as yet nor judicially recognised.
Querist :
Anonymous
(Querist) 10 January 2012
Thankz to Mr shroff & Mr barman,
1. For vissitation her lawyer told thay will give counter. Is that mean They won't allow for visitation?
2. In maintenance she is asking 10K for her & child?
Devajyoti Barman
(Expert) 10 January 2012
1. It means they would file a written objection after which the court would hear the parties on it again.
2. She can claim 10 k or more. It is the court which fixes the amount taking into the consideration of your income and their expenditures.
Arun Kumar Bhagat
(Expert) 10 January 2012
I could not understand the question so I am unable to give reply.
Raj Kumar Makkad
(Expert) 11 January 2012
Even if any party filed any rejoinder or replication or further reply, the order of courts stands and thus wife has to follow the order providing visitation rights in your favour. Your lawyer should insists for the execution of this right.
Deepak Nair
(Expert) 11 January 2012
Eventhough your query is vagure, the experts have advised you rightly.
The court does not grant maintenance which is demanded as it is. The court considers many aspects such as the expenditures of husband, his financial liabilities, his other dependents such as parents, medical expences etc.
prabhakar singh
(Expert) 11 January 2012
1.Yes is the answer to Q1.
2.When maintenance would be granted ,the court shall fix amount also.You should furnish all details of your expenditures such as the daily lifecost,fooding,clothing ,medicine,transport and job attending cost,parrents'maintenance cost etc in detail showing you have very little as surplus but the detail should not be exaggerated and should look balanced in relation to income and needs.
3.No!you can not split custody nor the court shall pass such an order.Only visitation would be there for you.
Shonee Kapoor
(Expert) 13 January 2012
Nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
