bon (AM) 14 July 2012

Divorce petition notice & custody

Dear Comrades, Got to help me on this.

Iam married for 6yrs with 4 yr child. Wife stays with her aged parents except during weekend 2 years now. Iwas okay to take careof her parents but she wants me to throw my parents out and sell my current flat & make one in joint names (though both are earning v well)

Last few months while i finally agreed to her terms. I got to know she had already taken kids admission & a flat on her own without my knowledge. While i discussed a MOU so as to finally be together at her place, she continued speaking nicely everyday for till a last week. The KG school had just started & she took child to her parents house stating some party and i got the divorce notice next day & with injunction notice (not to visit her house or the school) to attend court within 1 hour or exparte decision will be taken by court

a) Can such short notice valid.

While i attended and asked that i need to read the content & also attend office, the judge asked me to give very generic undertaking not to disturb anything & take immd next working date. He said it wont mean anything against me . I agreed. However, the wife s lawyer spoke to him separetly & later i found the hearing date was postponed to 30 days later.

b) For now, Automatically custody is treated to be with my wife & her parents ?.

d) Now, my wife & in laws are not allowing me to meet child (whom i spent time daily even while he was at wife mother place) stating there is a undertaking & they will give police complaint. Iam surprised by my wife lawyer, who has asked her to stop every communication possible.

My current lawyer discussed Access Rights application, but after a week of working on same, has taken severely ill. He is of opinion i must Not visit her place & allow them to further catch me offguard. but my child is suffering. he is not allowed to even speak to me on phone ( as i did daily).

Whats will go wrong if i visit them straight ?

Rgds

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5 Replies

Anish Thakur 7018812737 (advocate) 14 July 2012

dnt take such step

it seems like that your parents in laws are using unfare mean to influence the process,however you have to file petition for the visitation rights for your children ,no court can deny a father to meet with his children unless there is certain grounds proved against him like.,insane,inchaste,drunker opr suffering from any disease or habit which may cause danger to the child.

file suit under section 9 of hindu marriage act for reconstitution and also file 97 crpc that your parents in law is forcefully keeping your wife and children there .

try to keep ken watch on your wife where she goes and who meets him ,collect every possiblke evidence you think that will help in you future.

feel free to call 9459321520

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 14 July 2012

Comrade,

It seems your wife has obtained an injunction order from the court whereby you've been restrained from visiting her premises or the child. I wonder how such an order can be passed. Apply for vacation of the stay ASAP. It deserves to be vacated. In the same case make an application for visitation rights.

Consult a local advocate with documents.

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Adv. Chandrasekhar (Advocate) 15 July 2012

It appears to me that your wife has taken the reliefs which you described in your querry under domestic violence Act, as ex-party interim relief. That is why, the other advocate asked and got away with a 30 days time as next date of hearing. It also appears that the judge marked your appearance and extended the interim relief till the next date of hearing, i.e., 30 days more, putting you in great disadvantage. In such circumstances, you can move an application to vacate the stay order and also another application seeking the visitation rights. Under domestic violence Act, whether husband (respondent) can move application for custody/visitation rights is a disputed question, but in my view, he can move such an application. There is alternative approach also to solve this problem. You can go for appeal before the sessions court against the order passed by the magistrate. All these suggestions are made with a presumption that your wife filed domestic violence case before the metropolitan magistrate and she got relief there.

bon (AM) 16 July 2012

Thanks to all.. Iam unable to send PM msg while i tried. Anyways, few things to note: a) There has been No injunction order passed. Just a oneliner that 'no scene/issue will be created' .. since anyways the next hearing was immeidately Next Working date, which got postponed. I had only one hour to reach court & drove in there with papers. For me, the judge has badly screwed up at my cost: giving short notice, i was not flying anywhere not there was any good reason and then a generic u/taking.

Problem is that lawyer i had hired has become incommunicable due to his health problem. And i wanted the access rights urgently passed & lost 13 days now. Since kid has been with me alone overnight most of the time (when wife has official travels), i want overnight access for 2 days . And Wife is already talking about 2 hrs in a week that too somewhere outside. Iam surprised by her behaviour & total disregard to the childs need. Iam aware, he is so hopeful for his daily rounds since i reach early home. Rgds to All

bon (AM) 05 August 2012

finally we made a good Child acces case proving child was with me being taken care till few days of being taken away & notice sent. The child was with me without mother for several months.

However , though in backfoot she was very adamant,on not giving any access. Though judge & councillor fired her & threathened to pass order they werent really doing so. Note finally i got as joint consent (not order) 3 days -2hrs & 1 day 7 hrs in month.But nothing abt holidays, festivals etc. This my lawyer also nodded. He stated its only interim.

Isnt it too short negotiiated.

How long is this valid since i need him for festivals, holidays etc. can i reverse the interim access though it was with my consent if its validity is beyond next hearing.

Is it valid till they reply to the child access application of mine.