Dva & rcr
Hari haran
(Querist) 03 February 2012
This query is : Resolved
Dear Experts,
My wife had file a Dva thru Protection Officer & interim Maintanance.In the DVA main petition she stated that she & her parents tried for a rejoin but we rejected those steps, which is false. But As I willing to rejoin I had filled RCR & visiting rights for my 3 yr old male child in family court. Now in RCR she didn't given any counter for 4 hearings.In RCR his lawyer is telling that as DVA is going on in JM7 they need a last chance for counter. Now the judge has given a final date for counter in RCR. In DVA the Judge had told to start the trial, in that also she is not coming for enquiry. In visiting rights Judge told her to bring the child to court. She is not obeying even for the judges words.
1. Will her counter in RCR would affect in DVA? If yes reason..
2. If she didn't give any counter in RCR can I get ex-party order?
3. What step can I take to see my child?
4. What can I do in DVA?
V R SHROFF
(Expert) 03 February 2012
1. Will her counter in RCR would affect in DVA? If yes reason..
Ans: Two different cases: Over and above RCR is alays useless. U get a chance to defend yourself, that’s all.
2. If she didn't give any counter in RCR can I get ex-party order?
Ans:: YES you get ,but cannot be executed! So useless again
3. What step can I take to see my child?
Ans: File petition for custody & visiting right of child
4. What can I do in DVA?
Ans: What is your objective??
You want to defend?
You want to delay proceedings?
You want to avoid interim Maintenance totally?
You want to really join with her?
You want RCR in your favour and then file divorce in that basis?
LINE OF ACTION changes with your Objective, what you want?
If you clearly disclose your intention, can be guided accordingly.
Hari haran
(Querist) 03 February 2012
Mr Shroof Sir,
3. I had given Visiting rights petition already in family court.. But for custody my lawyer told that only after 5 yr age of my child I can ask custody. Is there some other way to see my child soon?
4. What can I do in DVA?
- Am ready to give maintenance
- I want to rejoin
Also what she told in DVA is false. She is not coming for trial. My lawyer also told that there are more possibilities to withdraw DVA by her..
Devajyoti Barman
(Expert) 03 February 2012
1.Both the RCR and the DVA being separate proceeding , the counter of one case may not effect the another unless some contradiction is there.
2.Yes the court would fix ex parte hearing if after her appearance 120 days have passed.
3. You can file petition petition for interim custody in RCR as well. That apart you can well file a fresh case under Guardian and Wards Act for custody. All these have in accumulation a tremendous effect on the other party.
4. In DVA you file counter and fight the case as per its merit.
Your advocate is partially true. Though custody is difficult even after 5 years what you ca get in those cases is visitation rights with interim custody. Even that is enough to keep your usual bonding with the child.
Hari haran
(Querist) 03 February 2012
I am very much thankful to Mr Barman & shroff sir For his clear advise. I also expect more advise from other experts too.
V R SHROFF
(Expert) 03 February 2012
Vsiting Rights will be allowed soon.
Custody, you can get, with valid reasons
n DV: I suggest, to move Application to refer the matter to mediator, Marriage Councillor
The Application have to be granted, as you mention therein, that you are always ready and willing to join her, and live married life peacefully and happily. You assure her safety and security. You claim there was no violence, and that she was misguided and brainwashed by few interested party. and it will adversely affect the child's future.
Once Councillor interfere, there are possibility for unity. You also buy time in DV, avoiding int mtn.
Yes, what ur lawyer says abt custody is true, it is difficult till 5 yrs age of child.
YOU SHOW ALL YOUR POSITIVE ATTITUDE, & LET JUDGE GET IMPRESSION THAT WIFE WANT TO BREAK THE HOME, FOR NO REASON : IT WILL HELP YOU.
Raj Kumar Makkad
(Expert) 03 February 2012
I also endorse the advice of Barman and Shroff.
