Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Colour (NA)     31 March 2012

Child access under family act or guardian act

Yeh Hai Meri Kahani,

Before I begin I would like to categorically mention here that to all the accusation put by wife, I have documented proof that ther are false.

  • At Surat 125 maintenance (Apr-2007) Interim (3k) Salary attachment order (Sep-2008)
  • Appeal in Sessions Court (2009) Croos of wife reopened. Interim paid to wife Rs. 86,000/-
  • False Talaak from Qazi by wife and filed Dissolution of Marriage (2010).
  • DV (Nov-2010). 498a FIR (Jan-2011)
  • All cases pending.

The Story

  1. Met via Shadi.com. Girl from Surat, Boy(me) from Mumbai. Marriage as per Nikah at Surat.
  2. 22 days before marriage I opened bank a/c for wife and kept Rs. 73,000/- as security deposit as insisted by MIL. Wife 1st a/c holder, husband(me) 2nd a/c holder. Money transffered from husbands a/c.
  3. On day of marriage gave Rs. 51,000/- cash as Meher.
  4. Wife and her parents wanted boy to seperate from boys family and stay with girls family as Ghar Jamai. Boy refused. This was not mentioned before marriage.
  5. Wife and her parents started pressurizing and threathening to lodge false cases.
  6. Wife went for delivery to Surat in June-2006, never to return. Daughter born in Jan-2007. Wife put wrong name of husband in childs birth certificate.
  7. Wife filed 125 maintenance at Surat in Apr-2007 saying husband deserted since 2006 and never returned.
  8. On receving summons husband immediately send 3k money order for wife and child saying he will continue giving the same till the case is decided. Wife refused to accept the same. Interim decided as 3k.
  9. Husband filed RCR at Mumbai. dismissed as wife side influenced lawyer(two lawyers were chaged by husband) and did not fight the case properly. Court dismissed RCR petition saying husband did not prove wife deserted. 
  10. 125 at Surat exparte Jan-2008. 3k to wife and 2k to child. Wife procurred salary attachment order.
  11. I went to sessions court in appeal. Permission granted and cross of wife reopened in Jun-2009.
  12. As per sessions court order husband paid Rs.86,000/- as interim maintenance Jun-2009. Cross pending since then.
  13. In the mean time wife went to a Qazi at Mumbai and procurred a false Talaak nama from him and on that Talaak nama filed a petition at Surat Family court for Dissolution of marriage (2010).
  14. To pressurize husband to give up defending his case and surrender to wifes wishes sent police to Family court to arrest husband by filing a false complaint at Police station saying that husband came to their house and threatened to take the case back or Mumbai underworld will be giving supari to finish her family and to kidnap the child.
  15. I sensed something fishy took photo of Wife, FIL and police in FC premises and walked away from FC.
  16. Police arrested me on next date and threatened to lodge 498a, etc if i dont give in to their demands. Ofcourse influence was used over here.
  17. I wrote a letter to Police commissioner, Human rights Gujarat and Registrar HC Gujarat about such threat with the photo that I had clicked.
  18. Wife filed DV (Nov-2010) against 8 members of husbands family. Mahila police threatened to accept divorce or 498a will also be filed.
  19. I told i will not surrender to this threat. 498a FIR (Jan-2011). Arrested and released on bail.
  20. This lawyer of husband at Surat was in hand to hand with wife side.
  21. Even on multiple requests and pleading, husbands lawyer at Surat never filed for access for child saying that it can only be filed at Mumbai. This lawyer was also influenced by wife side.
  22. Wifes father is the most respectable person i their village and a very rich and influencial person.
  23. Husband not seen the child nor even the photo. Child is 5+ yrs of age.
  24. Husband finally changed lawyer at Surat and now filing for access.

Queries

  1. I asked my lawyer to file for access under family court act u/s 7.
  2. I told I dont want custody now of daughter age 5 yrs. and hence dont file under Guardians Act.
  3. I want access to the child weekly/monthly.
  4. I want to speak with child over the phone daily. See/talk with child daily via 3g video calling and also via net.
  5. Go to childs school. spend time with child, etc.
  6. I want injunction that child cannot go outside india without Father's (my) written permission.
  7. Paternity test.
  8. Injunction and access as per Family Court Act u/s 7.

 

Warm Regards,

Never Give Up.

 

 



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     31 March 2012

 

  1. I asked my lawyer to file for access under family court act u/s 7.

Right thing to proceed with,  as per Shariat Law - in Hanafi Sunnis - the woman is entitled to custody  of a daughter until she reaches puberty - though this is not an absolute principle and in appropriate cases - custody can be given to other female relatives of the child. Though you are the natural guardian of the child - mother is never in Islam. You are sure to get access.

2. There is no impediment in you getting the injunction. 

3. Paternity test.

Not very likely that it would be allowed. It's a complex issue - Read https://bharatchugh.wordpress.com/2012/03/30/supreme-court-on-dna-testing/

Colour (NA)     02 April 2012

Thanks Adv. Bharat Chugh for your prompt reply.

It was indeed very helpfull.

 

  1. It would be of great help if someone post a sample format of petition/case for injunction and visitation u/s 7 of Family Courts Act.
  2. Also what will be the stage and procedure for the same.

Warm Regards,

Never Give Up. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register