Visitation rights
vaibhav
(Querist) 18 January 2016
This query is : Resolved
Dear Experts,
I had discussed put up my case in this forum before and experts had opined on the same .But now the circumstances have changed and so again require opinion .
Facts in Brief
1. My-self Dr and married to Dr in 2006
( arrange marriage)
2. Stayed with my parents in their house
3. My mother-inlaws undue interference in
our married life
4. Tried to discuss with wife and my father-in-law but all in vein
5. 1st baby born on 2009. delivery done in our city .Mother-in law stayed with us for same.Stared fighting on simple issues like burning charcoal for heat for post pregnancy ( IV light already available at home ).Before taking wife to their home for rest Mother in-law threatened to file 498a and left off.
6. we had no contact with them for next 3 months.
7. in 4th month we got call from police saying 498a .306, plus some more sections filed against my wife and her parents and brother by parents of their daughter in law who committed suicide .
8. we kept part from them till judgment from court came .( 3 years period gone)
9.her Maternal uncle intervened with assurance that her mother will now stop undue interference in our life .So bought her back and started cohabiting back
10.learnt that she and her father made duplicate birth certificate of my daughter at municipal corporation at their place when i was having the original one ( when BC from one municipal corporation is issued ,can other issue the same ? ).kept quite thinking whatever it is , atleast i ahve my daughter with me.
( admitted my mistake, should have asked about 2 BC to clarify them )now have filed RTI to know what documents they have submitted to get same
11. interference from her mother still carried on .by 2013 next baby girl born
12. quarrel happened between me and my family with her regarding same .
13. left parents house and look other house on rent and started living there with wife and kid as did not want any fight to happen in future
14. aggression and fights from wife and mother in law increased and started fighting on any irrelevant things
15. by the time renewation of degree date was due for which we require to attain CME and collect certificates ( points) and submit same to medical council.
16. wife did not attended and got her friends certificate ,earesed her name and wrote her .made me to sign on her part saying if i dont do the same she will hang herself and me an my family members will be blamable for same .so had to sign
17.had to visit her village for some work .she handed over the certificates and told to get color xerox from there.
18.visited her parents house and told them what she doing is wrong but instead they supported her
19. same fabricated documents submitted to medical council
20.told her to accept the wrong she had done before they catch you for same.
21. instead she fought and made to go out of house.than called up on cell and said she is committing suicide and will write my and my family members name on suicide note stating we harnessed her .
22. ran back home ,had to break the door as she was not opening the same and found her sitting and playing mobile games.
23. stopped talking to her from then and just lived in the house for sake of my daughter
24. her parents came and said me that this marriage is over and to leave the premises and they will live there . i can meet my daughters whenever i want .
25. already bugged up i left the house and got another rented one for my self and started living there
26. visited on every alternate day to meet daughters
27.one fine day mother -law called and started giving bad words saying my daughters are ill and where i am.i was in clinic with patients .so told her the same and also told to speak properly.instead she banged the phone
28. annoyed with this i went at their place ( which was earlier my house ) and asked clarification as to why .she stated yelling and tried to assault me by hitting me with her hands . ( wife was not present there at that time )
29.left the house and than never visited back there.
30 .as i could not bear the wrong done by wife , i filed complained against her in medical council for submitting fabricated documnets
31.i am not allowed to me my daughters
my query..
1.should i file application for visitation rights or for custody of children .
2.should i file divorce petition and is yes on what ground .or should i wait for them to file the same as i will have strong ground for divorce when their baseless allegations ( if any ) proved false.
3. can i take part in person during cross and argument satge .
Imp--- i have video recorded all the conversation happened between me and her and her family members including the one where i was assaulted.
audio recording of wife threat hing me to commit suicide
i dont want to take revenge but want justice to be done
ROHIT SHARMA
(Expert) 18 January 2016
1. you can file a civil miscellaneous application r/w s. 151 of C.P.C. before a District Civil Judge and Judicial Magistrate (F.C.)seeking injunction upon your wife and her parents restraining then from disallowing you from meeting your child who is in your wife's custody in spite of the fact that there has been no divorce litigation filed but due to maladjustment of human nature domestic upheavals and unrest arising- you were compelled to live separately and that should not deprive the child of to have parentage from both the father and the mother.
2. you need to have catharsis with me so let me probe more back ground facts as how best can this marriage can be rehabilitated as in interest of the children.
3. Your reporting to M.C.I. about the fraud which she has committed then the M.C.I can file a police complaint and have her dealt as per the criminal laws.
4. If you have the time and resources and if need for further discussion on such issues and are willing to remunerate moderately for to have phone consultation with me.
5. Click my name shown in the margin of this reply format to get my contact details.
P. Venu
(Expert) 19 January 2016
Can you brief with the query?
Rajendra K Goyal
(Expert) 19 January 2016
From your post it seems all is due to ego problem and interference of in laws. A bit broad mindedness may save marriage.
Both of you are well educated in Nobel profession and have been gifted with the responsibility of small kids.
If other side do not want to adjust, go ahead and try to adjust from your side, forget your ego. it would fetch good results. Wait for two more years, if no result you may proceed legally.
Remember that legal process may take years with uncertain results, may attract some criminal cases against you. You may feel more discrimination from legal process than you may not face from your own people.
vaibhav
(Querist) 20 January 2016
Dear Experts,
i would like to have opinion from Renuka Madam here
vaibhav
(Querist) 21 January 2016
Madam,
i am waiting for your expert view..
vaibhav
(Querist) 25 January 2016
Dear Experts,
waiting for valuable opinion .
