Maximum visitation
K Animesh
(Querist) 29 September 2014
This query is : Resolved
Dear Sirs,
Finally time has come for the court to decide about my Custody and Visitation rights. In main Petition of RCR I have asked for my Child’s custody and in Interim Petition I have asked for Interim custody or Visitation Rights.
The Opp Party is not appearing even after service of summons.
My Lawyer would request to Court to move Ex Parte for Interim Petition and then for Main Petition.
Since the child is of 4 years, I may be denied Interim custody.
I have three applications ready if the custody is denied:
I have prayed to allow me to bring the child for 10 days for Diwali Vacations to Pune from Lucknow. My wife may accompany me and may stay at her sister’s place, expenses wd be borne by me. My mother and sister would be there at my house during her stay.
If this is denied,
I may be allowed to take my child to my ancestral place to spend Diwali vacations, there also my wife may accompany me and may stay at her sister’s place, expenses wd be borne by me. My mother and sister would be there at my house during her stay.
If this is also denied,
I am ready to stay put in Lucknow, and then I may be allowed to meet and spend time with my daughter for next 10 days at my relative’s place. My wife may accompany at that place or any public place if she so wishes.
For Final Orders,I am even ready to have a rented accommodation at Lucknow and would make myself available at Lucknow on every weekend. My Transfer is also approved.
In all probability, if I find that my daughter is not keeping well, her behaviour seems frightened or abnormal etc. I may be allowed to bring her back to Pune and get her examined by some child psychologist.
I hope court would have some lenient view and would allow the third option.
Still I am doubtful and hereby request the experts, to let me know some Citations and Supreme Court guidelines or Case reference which I may use and win the maximum visitation rights and in case of some issue, may be allowed to bring her back and bring her to the court to access her wellbeing with doctor’s report.
Please help experts, give your inputs.
Also Let me know, If i have court orders any of the above mentioned or any other, can the opp party simply deny to oblidge?
Thanks-Animesh
dr g balakrishnan
(Expert) 30 September 2014
why there is a serious rift between u and ur wife? that is vital as an information input needed to us advice in a case like yours.
pls note there must be relevant ratio decidenti then only any citation is useful which you cannot properly decide.
you need a competent lawyer to asses on the facts of your case.
one finds in your case some partial details, that way we cannot make a piece meal advice, as law is based upon logic on the whole matter.
of late for any drop of a hat people talk divorce that is why divorce matters take several years.
this is happening in half knowledgeable people.
Marriages are a life time affair but people take it as pass time.
it takes at least one year between the spouses to understand each other but today they marry in a few days they want to divorce how courts can arrive at a decision.
cruelty is the most misunderstood word.
trying to talk for merciful now does not sit well sir. there seems a very serious differences between you both, that is why your wife is unwilling to trust you it is evident in your presentation.
K Animesh
(Querist) 30 September 2014
Shri Balakrishnan,
Thanks for taking out time for assessing my issues and give detailed analysis.
Yes, there must be a trust deficit for me in my wife's mind, good luck to her!! That's why she deserted me, right!!And I still want her back so that our child should not suffer, come what may.
How in world that affects my visitation as a biological, natural and caring father?
How do I ensure maximum visitation? Plz advice.
dr g balakrishnan
(Expert) 30 September 2014
sir,
u say why there was a trust deficit you logically analyse as she is not confident on you is it not?
first create a platform for trust in you that is step one,
once trust is built she would join you is the thought i made in my last post.
without trust in you how she would allow her child to be at your care even for some time, i presume she doubts you might harm the child.
Life is only based on trust and faith otherwise whole life is just futile, Law cannot much help when trust deficit is high!
so we say love every one hate none,
it is to heighten i would quote a gentleman wants his wife who filed divorce should go to jail, what you see in today's husbands.. some thing like vendetta is it not.
your wife might have seen several women like her face such kund of vendetta base husbands,
see sir here your own statement'trust deficit' answered your own query . tks
K Animesh
(Querist) 01 October 2014
Dear Shri Balakrishnan,
I guess your mind is thinking in only one direction.
About "Trust Deficit"- I simply said, she might have..good luck to her!! What I am supposed to do?
If Law of this land runs on somebody's thinking or some substance?
HER CHILD- Bull Shit!! As if she only brought this baby to this earth alone!! I mean how one can think so narrowly..I feel pity!!You are not alone, there are many like you! I am not surprised!! At least give me some space..I am my child's father and I also have a heart.
As If as a father I am here to harm my own blood!!
Now I understand ,how poor judges think in this country and how we are heading towards such a fatherless society.
My post here was not to engage with you on your personal opinion and give you piece of my mind.
If you have some legal advice to offer, most welcome, otherwise , its good up to here only.
I guess, I wrote coz I wanted some legal fuel.
Thanks
T. Kalaiselvan, Advocate
(Expert) 05 October 2014
You may go ahead with your proposed applications before the court, consult your lawyer and proceed.
