cpc

rcr-125crpc-visition rights-next steps ???


Hi All,

My Story so far -

(1) Living in Chennai in a own house (apartment) where earlier I lived with my wife and 7 yrs old daugther;

(2) Parents living in seperate "different" apartment in same complex (in different floor);

(3) Wife does not like my daugther to be affectionate with me and my parents and left house on own will Sep 2012 and staying in her parents house in same city; Took away my daugther as well (has not even shown my daugther since then);

(4) I filed RCR - Nov 2012 ; Wife filed for 125 CRPC Maintenance and I filed Visitation Rights (no DV or 498 failed so far by her);

(5) Hearing in progress and my wife is working (I filed Counter to her Maintenance Petition stating where she works with photos and linkedin proofs - even though I dont know her salary);

(6) First "Mediation" happened today - She insisted mediator , that I need to shift my house to a place near her parents house ; I sustained saying I cannot relocate my "own" house and I am ready to take her and my daugther at any moment and get her all luxury she and my daugther needs in my house itself; (Mediator tried to pacify her);

(7) Finally in the mediation process she broke down , cried and threatend both me and mediator that if anyone insists in asking her to move out of her place , she will commit suicide (citing me as the reason) in the court mediation process itself - Next mediation scheduled next week-

My questions (as next steps):

(1) Will the Maintenance petition from her gets cancelled (as I am ready to take her any time to my house , also proved she is working)

(2) What further I should do to strengthen my chances of seeing my daugther (Visition rights under MC Case is still going on) - Planning to file GWOP IA as well ...

(3) Any other petition under law that is present (Im planning to put all petitions to get my legal rights to see my child)

NOTE - I do not and never intend to go for divorce for the sake of my child.

Thanks for the patience.

Thanks,

RCR / Visitation Rights Follower

 
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Practicing Advocate

Whether her maintainance petition will be cancelled or depends upon various factors. It should be proved before the court that your wife is residing seperately from you without any reasonable cause.

You can file an application u/s. 26 HMA in the RCR petition seeking visitation.

Rest all depends upon the overall facts and circumstances of the case.

 
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