Child visitation
minsal
(Querist) 24 July 2013
This query is : Resolved
Dear Expert,
This is my first matter in family court and I am contesting on behalf of Husband.
in my matter I filed an application for child visitation. Wife was not agreed for the same but her advocate made statement that she is ready to allow the father to meet the child on Saturday - Sunday. Court passed the order accordingly but the father is sure that his wife will not allow him to meet the child.
under the circumstances what we have to do and what precaution we have to take?
Further the court has passed an order for interim maintenance but due to crises father was unable to make the payment of four installments (Two installments of arrears amount and two installment of current months maintenance)and wife has taken out R D Application for recovery (with intent to harassment only) can she deny for visitation on the ground of default in payment of maintenance?
reply me Plz. it is a very serious matter.
ajay sethi
(Expert) 24 July 2013
pay the arrears of maintenance immediately and if wife does not allow visitation on weekends then inform court accordingly .
Rajendra K Goyal
(Expert) 24 July 2013
Agree with the expert ajay sethi ji. During visitation period try to get the event video graphed, if possible, in case of some mischief, bodily injury by kins or otherwise, proof would be there.
minsal
(Querist) 24 July 2013
Thank you experts for your valuable advice but the husband is out of station and he will coming next month. can we write a letter to the advocate or wife to intimate that on particular day the father will come to bring the child?
ajay sethi
(Expert) 24 July 2013
first forward cheque of maintenance . apologise for delay in making payment . then ask for visitation rights
minsal
(Querist) 24 July 2013
thanks for immediate reply sir, but without paying the arrears can't he allow to meet the child?
ajay sethi
(Expert) 24 July 2013
you cant pick and choose what court orders you want to comply with . if court has directed you to pay maintenance and you have failed to do so then in execution proceedings your wife can have you arrested . you have to prove your bona fides . comply with court orders and then ask for visitation rights
minsal
(Querist) 25 July 2013
Thank you so much sir.
ajay sethi
(Expert) 25 July 2013
thanks for your appreciation
