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chandermohan (proprieter)     19 October 2012

Need advice

Dear Sir / Madam,

                               I had filled a Section 9C petition incourt as my wife deserted from matramonial house and took my daughter along with her. Our Reconcilation sesion has failed and now court has ordered that the case will be fought on merits as my wife has accused me of asking Dowry and saying that she has threat of her life and my daughters life from me and is ready to come back if i give in written that in future i will not ask for dowry and there will be no life threat to her and my daughter for which i strongly refused as i have never asked for dowry and the Lady Magistrate also told my wife that no one will wright like this and you are only asking for this undertaking because after some time again you can file a Dowry case and she even told my wife that if she would have been on her seat she would have never been ready to go back if there was some life threat despite of any undertaking.  The actual demand of my wife before goeing to court was rhat i should separate from my widow mother which i refused as i am only son. My question is that now only by saying that i was asking dowry and all other allegation putten on me like my inlaws has spent 10 lacs in marraige will be accepted by the court as actualy they must not have spent more that 3 Lacs in marraige

My second question is that my wife and my inlaws dont allow me to meet my 1 year old daughter so i told my lawyer to file a petition for visitation rights, but he adviced me that he will file and will get fees from me but for 5 years if i will be able to meet my daughter and after that court can ask my daughter that do you want to meet your father but by that time my daughter would have been miss tought and all noncence against me will be tought to her that she will refuse to meet me and by that time i will be use to meet her and if my daugter refused in court i will get more depresed, so my lawyer adviced me not to file a petition for visitatioin rights.

My third question is if before marraige some declaration about education is made from either side but latter while the case is in court that declaration is denied and if any of us having copy of profile which was given before marraige and is proven that some facts are hidded regarding education then what will court do. Is it a criminal offence and wether either of us can be prosecuted for that.

Waiting for your kind advice



Learning

 8 Replies

498 A fighter (Advocate)     19 October 2012

sir you will be soon slaped by 498A.DV and other cases , so get prepared for this also tell your advocate to be prepared for AB. you read the post. for visitation is consult go through my posts where Ld experts gave solid and nice advise and there are also good reply i am pasting the links: go through it------------

https://www.lawyersclubindia.com/forum/Visitation-67146.asp#.UIF8wa71T2M

https://www.lawyersclubindia.com/forum/Visitation-rights-67057.asp#.UIF84q71T2M

https://www.lawyersclubindia.com/forum/details.asp?mod_id=58674&offset=2#.UIF9OK71T2M

https://www.lawyersclubindia.com/forum/False-498a-case-against-me-64798.asp#.UIF89K71T2M

then plan and act accordingly , i am also on the same boat with you.

chandermohan (proprieter)     20 October 2012

Thanks Sir. It has boosted me to file a petition for visitation rights.

Tajobsindia (Senior Partner )     20 October 2012

On your first para – Rightly said by ld. Magistrate what the Hon’ble Chair has to reason out to an errant metro wife in open Court. Fight “dowry” allegations on its merits. It takes time but the fruits are richer afterwards.

On your second para – By advising you such and such your advocate has closed your doors even after 5 years and forever. I would rather suggest to do your fatherly duty and seeks “rights of the child of her visitation” to natural father / grandmother. Initially she may be remorseless but it is important that she knows about you and her grandmother. It is like saying after 18 years suppose she leaves home and goes and stays with friends home so will one not look after her till 18 years! Seeking visitation of your own child from Courts is more painful than getting divorce. May be your advocate reasoned out the perpetual pain via his wisdom advise.

On your third para – It is like approaching with unclean hands and depending on the gravity of hidden material facts criminal relief can be opted for. But be it known in every family law cases 15% perjury and or unclean hands approach is followed and only if it is in interest of justice which is widest interpretation Court entertains counter case.

1 Like

chandermohan (proprieter)     23 October 2012

Sir thanks a lot for your kind advice.

stanley (Freedom)     23 October 2012

Originally posted by : chandermohan

Dear Sir / Madam,

                              
My second question is that my wife and my inlaws dont allow me to meet my 1 year old daughter so i told my lawyer to file a petition for visitation rights, but he adviced me that he will file and will get fees from me but for 5 years if i will be able to meet my daughter and after that court can ask my daughter that do you want to meet your father but by that time my daughter would have been miss tought and all noncence against me will be tought to her that she will refuse to meet me and by that time i will be use to meet her and if my daugter refused in court i will get more depresed, so my lawyer adviced me not to file a petition for visitatioin rights.


Waiting for your kind advice

You have got to file for visitation . I am suprised at your lawyer not having  confidence in himself. yeah its painfull .what 's the use of possesing a degree than ?? phew losing confidence even before the final assualt has taken place :)

When the court says that daughter does not want to meet the father ask the court tomorrow daughter says she does not want to go to school will they agree to her . come on dont lose faith at least in your self . Tomorrow opp liar will say father is drunkard ,rapist,drug dealer etc etc . will you agree . When criminals even get vistation rights under supervision why cant you get visitation rights under supervision . Dont worry you will get at the most they may be a delay .

1 Like

chandermohan (proprieter)     24 October 2012

Thanks a lot sir. Now i will deffinately file  petition for visitation rights. I just want to know one more thing that petition can be filled only for visitation or is it compolsury to file custody and visitation.

498 A fighter (Advocate)     24 October 2012

does it will be better if  instead of visitation applying for custody and in that it is mention that i need visitation till custody case decision take place and in vistitaion mention the demand of 7 or more days to stay child with the applicant?

this is becuase those wife not even allowong to send a single minute with the child, they get annoyed of it, and if court order in applicants favor then it is very good otherwise court order for at least one or two days if not then whole day morning to evening,

it is just bargaining type any way it is my veiw ,

Experts can analyse better , and their suggestin , guidance is needed here.

stanley (Freedom)     25 October 2012

File for custody and than and interim application for visitation .


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