Rcr & child custody
Deepak
(Querist) 18 December 2015
This query is : Resolved
Dear Sir,
At present my sons age I 8.9 years. Case of Child custody in running in the court. My wife is denying visitation to my son and not complying court orders. My Son is comfortable with me. I also I filed RCR log back. Now for the last 1.5 years she is not attending court dates. Even she denied visitation. 4 months back I got RCR & Child Custody Ex-parte common decree in my favor. My wife is directed to resume co-habitation along with my child. Even my lawyer sent letter to her to come back with son and join matrimonial home. My questions are:
1) If my wife doesn’t comply order, I can go for divorce after 1 year from date of RCR decree. Can I file divorce now ???
2) My visitation is denied. What about my son. I have not seen my son for last 2 years. Now my child is hammered by my wife. How to get access to my child legally ???
3) How to implement RCR decree ???
4) How to implement Child Custody.
Thank You
Dr J C Vashista
(Expert) 18 December 2015
Yes you can file divorce, if you are not interested in getting back your wife. Move contempt for disobedience through your lawyer.
Rajendra K Goyal
(Expert) 18 December 2015
File contempt against the wife.
File divorce and custody case.
K.S.Srinivas
(Expert) 24 December 2015
1. You can go for divorce after one year from the date of decree of RCR.
2. Approach the court for implementation of its order i.e., visitation of your son.
3. The court can pass a decree of RCR. However, the court can not enforce this decree as it is powerless to execute the actual cohabitation couple.
4. Serve the court order on your wife and bring your son. If you fail, then make a complaint to the court for implementation for child custody decree.
Deepak
(Querist) 11 September 2017
Dear All,
In Sept 2011 my wife left me without taking our son. After 10 days she has taken custody of my son with the help of police. At that time my sons age was 5 years. I filed child custody in 2012. In 2013 I filed RCR. I got interim visitation rights to see my son. My wife contested the matter since 2012. But suddenly from 2014 she stopped attending court dates, even she stopped my visitation. After 1 year in 2015 family court judge passed decree of child custody & also in RCR. As per decree my wife is directed to join me with my son. Now in Jan 2016 my wife came to court & applied to set aside my decree under limitation act. Also said that the decree is ex-parte. She also filed child maintenance. In between 2012 to 2016 she changed her lawyers 3 times with intervals. Now the judge is changed. The new judge passed maintenance order & directed me to pay. Child custody & RCR decree passed in 2015. Till 2015 no case is pending under any sections. The new judge has not gone through the all papers from 2011 & just passed the order seeing her application. Now I do not know what to do? If I want to challenge the order I will have to go to High Court. What is the other option ? Can I complaint against such judge ? How do I complain ? Where to complain ? Since last 15 days I am very tense. All of you are kindly requested to please suggest.
Rajendra K Goyal
(Expert) 11 September 2017
No complaint against the judge lies. challenge the orders if think there exist sufficient grounds.
Guest
(Expert) 11 September 2017
Have not you discussed your problem with your own lawyer, who is fighting your case? If yes, what was his reply to your questions?
Better rely on your own lawyers.
