@ Author
Ok we understand the situations fathers are tricked into world over.
Allow me to start with few inherent problems (weakness) in your case:-
1. In earlier Case (Divorce) it was duty of your then Adv. to get visitation T & C in B & W via Court Order as his legal guidance instead of giving in to your then 'sentiments and emotions'. However bygone is bygone on this comment point.
2. Post divorce under out of court visitation oral assurance your distant job came into way to meet your own flesh and blood resulting into dismissal of petition under GWA due to non - appearance. However bygone is bygone again on this comment point too.
3. Presently after seeing not much headway social thinking moves to oldies in family which is natural. here 74 yrs. old g'pa wishes to see child after seeing all sorts of failures by son to bring in desired results on such visitations which is again natural happening and no one could stop such cross - distance problems coming in way of visitation. However bygone is bygone on this comment point too.
Now we understand your child is now post puberty stage and in her teens means well reasoning age. The thing that Court will see now is "interaction and willingness of 14 yrs. old female child to meet her father or his side of family” during Chamber and or open Court interviews.
BTW this option will be allowed / prayer granted in your favor post child interview only if child can recollect her interaction with you all these years and / or your side of family and subsequent brain washing (whatever let us not get into negativity at this early stage) are sole limited outcome but visitation (whatever it may be) via Court order this time is guaranteed whatever the child says during interview.
Now here are limited remedies possible if aggressively followed this time around:-
Now let us test all above comments provided you and your senior citizen father can this time 'regularly attend" Court. Think about 1 - 2 years regular attendance this time and decide it before putting in Application on behalf of grandparent for access / visitation of grand daughter under title of PETITION UNDER S. 17, 12 OF THE GUARDIANS AND WARDS ACT, 1980 READ WITH S. 8 (a) (c) (ii) AND ALSO READ WITH S. 7 (1) (a) (g) OF FAMILY COURTS ACT, 1984, AS AMENDED AND UPTODATED FOR GRANTING VISITATION RIGHTS / ACCESS. in a family Court of TRV under whose Jurisdiction such GWA application filed.
To strengthen above reasoning / suggestion there is a well reasoned Judgment of Hon'ble SC in your scenarios and allow me to quote it for your morale boosting;
Re. I.S. Sirohi Vs. Commissioner of Police, Criminal Appeal No. 1361 of 2008 dated 27 – 08 - 2008, the Hon’ble Supreme Court of India held that;
"we are of the view that the children should also not be alienated from the company and affection of their father or paternal grand-parents. In our view, the children require the care, love and affection, both of the father's side of the family, as well as that of the mother, and that none of them should be denied access to the children.”
There is another citation on similar briefs facts based (alienation of child all these years as you say) and allow me to quote it here Re. Selvan Vs. N. Punidha 2007 (4) CTC 566 Chennai High Court held that
"Hon’ble Court would be concerned with right of children to
have healthy environment and physical, emotional and financial
support for development of their integrated personality and would decide custody on above touch stone and would not decide on right of parents. Mother refused to accept financial support given by father – Mother refused to give access to father to minor children while father agreed to give unlimited and unrestricted access to children to mother if children were to be in his custody – Such offer of father would remedy “PARENTAL ALIENATION SYNDROME” that minor children suffer from when one of the parents is not permitted access to children”.
Hence in above suggested titled application after basic facts mentioning throw in societal issues theme of child visitation / access social thinking such as may be following paras to justify why you and your father is approaching NOW to have visitation / access when all these years either / both failed (for whatever reasons let us not get into that again as I already mentioned few as comments in abv. para 1 - 3)
The social justification paras based on ‘child welfare’ which can go into the application or plead by your side at Bar could be:-
“The fact is, a parent does not have the right to take away the child's right to see and meet the other parent / grand parents and social circle of other side. Not just parents, but nobody has to right to take away a child's right to know both their parents and not just the parents but also their extended families and relatives and grandparents on both sides.
A person being bad does not mean he is a bad parent also. Just like someone with a bad habit like smoking or drinking does not necessarily make that person a bad person. If all bad people were also bad parents then the law would have already banned all criminals from seeing their children. However that is not so!.
Hence none can take a child's right of seeing and knowing the parents and the extended families / friends and social circle on both sides. If a child is not allowed visitations rights, it would only promote a fatherless society in the future, especially with the rate of divorce increasing. It is the duty of the Hon'ble Court to ensure that even if it is not able to retain the relationship between the father and the mother of the child, it should do everything in its power to help maintain, continue and strengthen the relationship of the child with both the parents and extended families / social circle on both sides and try to reduce the adverse impact on the future of the child.”
Discuss this rather long reply with your THEN ld. Adv. as he already has grip of the earlier case facts and situations and may be he will extend once again solid facts based help and you and a grandpa are able to have access to a lovely child.
All the best and don’t loose hope but also don’t become lazy with job commitments and all that stuff when child visitation / custody issues involved, after all we are earning for whom !!!!
