Custody/visitation rights
Querist :
Anonymous
(Querist) 24 November 2010
This query is : Resolved
Dear sir,
My wife filed DV in Dec.2007, on the first date of hearing, during proceeding, judge sahib asked me that your wife has claimed Rs.1600/-PM in her petition for the child, now your tell me what can u do for your son. I told that i am ready to pay the complete amount but i should be able to meet my son on every date of hearing in the court. The judge sahib has passed that order that petitioner has to brfing the child on the next date of hearing and the order was repeated. But after that hearing the judgesahib could pass any order because of heavy rush as he stated in order. From that day onwards, she didnot turn up in the court for a year till Sep.2009. But in between i filed a petition for custody of my child as well as visitation rights in Dec.2008, but respondent reply only for the custody case that to after nine months and for visitation till date she did not reply. Even then i put up an application for the deceision on my application. Since last six months , she didnot replied for that and i met my child only twice a year before that too on my request and even after the order dated 14-12-2009, she dnot brought the child till last order not she replied for my application. She came on 20th of this month with the child with reply to my application, asthe new judge sahib was there, she told him that child donot want to meet his father who is hardly 8 years old, even after my many request i met the child for only ten minutes and after that judge sahib also told i canot compl the child to meet you, as he is not agree. When i told that she has not repled to my application since last two years. Now he told it is not required. and passed the order accordingly
Kindly advice me what i have to do now, can i appeal in the hight court , will it liston to me as i cannot live without my son. I got too much love and affection for him and i am paying his complete school fee , stationery as well as his uniform and transportation charges. One way court has put this responsibuility on me and other hand they are refusing my right to meet my son.
With regards
Devajyoti Barman
(Expert) 24 November 2010
What was the basis of the order of the court before coming to to the conclusion that your child does not want to want to meet you? If the child on his own expressed that before the Judge then you do not have good case. Otherwise challenge that order to the High Court as no court can restrain the father to meet his child unless the meetings are injurious to the welfare of the child.
Kumar Krishan Agarwal Advocate
(Expert) 24 November 2010
It is very tough for you to get your child although your wife showing discord towards you.
What you do:-
1. Try to get a nature of bent and surrender before your wife and your child. It does matter if you falsely impersonate like a good father and husband but show loving attitude.
2. Meet the child on the recess time at school or some specific place where your wife is dwelling.
3. Take carry always something with you for your wife and child always whether they like or not. If they throw take it back with you without any bitterness.
4. Contact a humble friend/relative of your wife and one bosom friend of your child so that both they help to get closer to your wife and one to your child.
continue up to six months and see what the change occurs if positive then do continue and one day you win and your wife will take the Divorce case back.
Take the court proceedings little longer, so that you get time to get their trust and affection back to you.
Kirti Kar Tripathi
(Expert) 25 November 2010
From the facts of your case, it is apparent that even the child do not wish to go with you as your wife has stated. You have a strong ground that the child is under her influence and his wish is not free and i can not be determined randomly as was done in your case. Moreover, you are natural guardian and have full right to meet and visit him. I think you should approach High Court.
Khaleel Ahmed
(Expert) 30 November 2010
You can file petition before the court to direct your wife to admit your child in any educational residential school at your cost for his bright future.
