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peti (engineer)     02 April 2012

Child custody and divorce

Hi,

 

I filed as divorce case for cruelty and dessertion, The respondent is wife, married in 2004, having a daughter of 7 yrs old, respondednt is not agreeing for divorce, the case is running since 2yrs, my cross verification is finished, meditation is failed, respondent is very cruel, daughter is staying with me since 6 yrs, we have been seperated for almost 5 yrs, respondent is not agreeing to give divorce instead she is making mu life very cruel, coming to my house and abusing my parents and threatening every body, a police complaint has been lodged on her. she is asking for child custody, during cross verification judge asked me like do u have any objection to bring child to court, i said No. my concern is whether to take daughter to court or not. i am worried, please need help in this regard



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 12 Replies

Ranee....... (NA)     02 April 2012

I think you should refuse her to take to the Court.No body can take care of child like her mother.

peti (engineer)     02 April 2012

Hi , thanks for reply ranee,

 

daughter is with me and my parents since her birth, respondednt used to visit  once in 15 days, and not taking care of the child, but instead acting to get evidence, as if she is loving her only through words but not in reality. respondent is staying in own house along with her relatives, my self staying in rented house, now daughter is very much attached to her grandmother and myself and respondent applied for child custody, i am not ready to give her and i need divorce, if i ask my daughter will you join her mother then she will say no, i want my daughter to stay with me only. is there a way to object respondent not ask for child and give divorce.

need suggestions or adivice

 

 

peti (engineer)     02 April 2012

Hi , thanks for reply ranee,

 

daughter is with me and my parents since her birth, respondednt used to visit  once in 15 days, and not taking care of the child, but instead acting to get evidence, as if she is loving her only through words but not in reality. respondent is staying in own house along with her relatives, my self staying in rented house, now daughter is very much attached to her grandmother and myself and respondent applied for child custody, i am not ready to give her and i need divorce, if i ask my daughter will you join her mother then she will say no, i want my daughter to stay with me only. is there a way to object respondent not ask for child and give divorce.

need suggestions or adivice

Adv. Chandrasekhar (Advocate)     02 April 2012

If the child in the court says "no" to her mother, then the balance tilts towards you for custody of child.  Child's welfare will be the paramount consideration in such things.

divorce is a different matter.  it will be granted to you or not depending upon the facts and the evidence led before the court.

peti (engineer)     02 April 2012

The respondent dont know as of now where i am staying and leaving peacefully now, my worry is if respondent ask my daughter of whereabouts and respondent came to know about whereabouts then she will come to my home and will make my life miserable again, till what age daughter sould be with mother as per law. i am sure my daughter will say No to stay with respondent. any action do i need to take against respondent.

Adv. Chandrasekhar (Advocate)     02 April 2012

A mother cannot be deprived of child's love and the child cannot be deprive of mother's love.  The court will grant her the visitation rights.  If you do not want the mother to come to the house, where you are peacefully living, then you ask the court to select a place where you can bring your child for her visitation. the court may accept your request.  Normally, upto 5 years child shall be naturally with mother.  But there are no hard and fast rules as far as this point is considered and the child's welfare is the paramount consideration.

threeleafe (awaited)     02 April 2012

Peti,

Normally in custody fights the parent having custody usually continue to have, unless  that party screws up big time - like not getting proper care of the child, improper education,  child saying that he/she wants to live with the other party.

 

While as a responsible father, you should give access to child to mother - but it should be formal. Fix up a time when she can visit the child and ensure that she does not misuse time by poisoning the child mind.

 

Best of luck. 

peti (engineer)     02 April 2012

if i agree for visitation right, normally in some place, daily do i need to or once in week or month, normally how the law will say. how much time during the visitation right will be granted to respondednt. I am ure during the vistation right respondent will poison my daughter mind and ask unnecessary question and due to that i dont want my daughter to be victim. what is the reason for visitation right when the mother did not give her love since her birth - may be 40 days they were toghether at the earlier stage. visitation right will again create a mess, any other alternative route

threeleafe (awaited)     02 April 2012

Visitation rights are usually once a week ranging from 5-6 hours. Also she may get vacation time.   Uusally mother plays some common tricks  - like admitting the child in summer camps etc to deny father visitation during the vacation. The same tricks will be available to you.

 

I would not recommend stopping mother from seeing the child - as said previously ensure she does not take undue advantage of that.

peti (engineer)     02 April 2012

Normally what kind of question the lawyers may ask to child, if we found that during questionairre to child can we stop the lawyers or request the judge to stop asking the question that may cause damage to us

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 April 2012

You should provide visitation of the child/

 

if you fear her security, you can ask the same to be held under supervision.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

peti (engineer)     03 April 2012

who can be supervisor during the visitation right, the respondent will take full advantage of that, when daughter wont agree to meet her -respondent, how can i tell the court the same when judge has given approval for visitation right, please need insight to that


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