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rajugabrielrodricks   17 January 2015

Child visitation right for father

Sir, my first wife due to cancer when she was 25, leaving back son 2yrs and daughter 1 yrs. My parents looked after them as I was staying with them and I work abroad n visit India after every 3 months. By faith I am Christian. I remarry a divorcee (Bhramhin) she had a daughter but she left her with her ex. First all were fine and she did not keep in touch with her parents as they hated me due to my religion. My second wife willingly got converted into my religion and we got married in Church. Even her Voter's List at my place has my surname, Bank Account etc. Then we had a daughter 2yrs 8 months back. For past 1 yr all went bad. Her Parents house is in Kolkata but her father is posted at Vizag. 4 months bck she said she wants to work as she doesnt like my place anymore and starts working in Kolkata and kept my youngest daughter with her, staying with her mother. Later in a month she lost the job and I ask her return, after 2 days she tells me she is in Kerala got a job there, I was surprised and asked her were is my daughter, she said she is with her parents at Vizag. She is using her previous name and status single in the present company also present HDFC Account. Now she tells me she doesnt want 2 stay with me and also she doesnt need divorce to leave me as we had church marriage. When I call her parents doesnt even allow me to talk to my 2yrs7months old daughter. I am near Kolkata n its difficult for me to go to Vizag as I have 2 other kids here and I also have to return abroad soon for my job.

I want my wife back as I love her very much and my first 2 kids know she is there mother and they are crying. I want to get my youngest daughter. Want her parents to stay away as they are brain washing her.

Please give me some solution and let me kno the approx. time can be taken at court.

Thank You



Learning

 4 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     18 January 2015

Dear, File a suit for restitution .... It may take 6 months minimum to decide the issue ..... Kapil Chandna Adv 9899011450

Suneet Gupta (www.vashiadvocates.com)     18 January 2015

File a Civil suit for restitution of conjugal rights as advised by Adv Kalpana above. If your marriage was as per Christian rites and rituals, then she can only contest the petition on grounds that you committed adultery.

However, better option is to go to her parents' home and discuss it with them. I believe that the main cause of the rift is your religion and her conversion to Christianity. Perhaps, if you had not insisted on her changing her religion then her parents would have accepted you. If you agree to allow her to retain her earlier religion, then she might agree to come back with you.

rajugabrielrodricks   18 January 2015

Dear Sir's Thanks for the replies. No1 forced her to convert and she was practicing Christianity after her first divorce and after 4 years I came in her life. Even before someone is converted at church a written statement is taken that he or she is accepting christianity on their own will. Her Parents wont talk to me.

One more question Sir, can you please tell me how this restitution Of conjugal rights are being proceeded. As my wife's native house is in Kolkata, Now her parents at Vizag and she is in Kerala. What are the documents required as she has taken away maximum documents with her even my daughter's passport.

Suneet Gupta (www.vashiadvocates.com)     18 January 2015

You can file for Restitution of Conjugal Rights under Sec 32 of the Indian Divorce Act, 1869 in the local court having jurisdiction over the place where you both last resided together.

Just try to speak to her parents, and to her alone at Kerala. I am sure that if you persevere, you will be able to convince her to join back her family, as judicial coercion in such cases is usually not very successful. (What will you do if the court order restitution of conjugal rights and she refuses to obey - only option will be to file for divorce.)

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