Kumar (Mgr) 12 June 2012

Divorce and child custody - please help with some suggestion

Dear Members,

My wife filed for Dissolution of marriage in April' 2012 and also got injuction orders on me that i dont disturb our child. we have a counselling next week and for the past two months i am not able to meet or see my child. My son is 3 and half years old. She filed for another injuction order restricting me not to visit my apartment and in the mean while she vacacted the premises, took away all the belongings including gold and shifted to her parents house. Her dad is supporting her cause and made her file a huge petition with all false allegations which she cannot prove. Today i got to know from her lawyer that she is planning to go abroad taking the child with her and she will nominate someone to fight the divorce case. The reasons she mentioned are that her sleep was getting disturbed as she has to open the door when i return from work in the night. Even though i carry the keys she often bolts the door which left me no other option but to wake her up. She has passed the stage of reconciliation and all efforts made by my relatives, family were of no use and her dad is not letting anyone to talk to her. She doesnot want to give the custody of the child. I am not able to take the pain caused to me as she is not letting me meet my child and am losing hope altogther and i am not able to think on what to do or what needs to be done here.

I am writing to seek some help and guidance.

Please help.

Thanks,

Kumar Gaurav

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4 Replies

pradeep (na) 12 June 2012

Are you son of Jubli boy Rajendra Kumar?

Can any lady take such a step only for disturbing her sleep which can well be prevented? Why you work till late night? is it possible to avoid if it can solve the problem?

Ranee....... (NA) 12 June 2012

What job you are engaged to for which you always come late/midnight?

Adv. Chandrasekhar (Advocate) 12 June 2012

@Kumar,

you have to take three steps immediately to protect your interests:

1. file an application in the suit filed by your wife restraining you to visit your apartment (which she vacated now and is living with her parents) asking the court to vacate the stay order against you on the ground that she has already left the apartment, which actually owned /rented by you. If necessary, to find the truthfulness of your statement, you can ask the court to appoint local commissioner (some advocate not belonging to parties) to visit the apartment and file the report. You will get immediate relief, if the apartment was found vacant.

2. file custody case and in that case ask for visitation rights. In that move an interim application saying that she would be leaving the country with the child to deprive you of visitation rights and seek the impounding of her passport and direction to the passport authorities not to issue any passport to your child without your consent.

3. move an application seeking the modification of stay order where you are asked not to disturb the child seeking the visitation rights.

2 Like

Kumar (Mgr) 13 June 2012

Dear All,

Thank you for the comments and suggestions

Unfortunate that my shift timings are causing inconvinence to my wife, i tried to resolve the issue amicablly while trying alternatives to change my shift or move to a different job, this jolt hit me and its hurting me bad. The primary reason for me to do a late afternoon shift/early evening was to stay back home and look after the child else i would have done a regular 9am-6pm shift while my wife goes to work in the day. I am very attached to my kid and these orders on me not to meet my kid are very demoralizing.

All attempts for reconciliation have gone in vain. after a month now i am sort of recovering from this shock.

Today she is sort of blackmailing me for divorce keeping the kid inbetween.

Thank you Mr. Chandu for your suggestions.