Amrit (Personal) 03 March 2014

Divorce & custody

Hi,

My wife took the kids and left to India in Dec 2011 and has not let me talk to her or the kids since then but filed for Divorce, custody and interim maintenance in Chennai family court based on 100% false allegations. I have some recordings of telephone conversations proving my one of the main allegations to be false, and have emails, text messages to prove that I have tried enumerable times to communicate with my wife but turned futile. My lawyer says that these will not stand in court as Supreme court has given a ruling that these kind of evidences will not stand in court as they are prone to morphing. Is that right?

Secondly as I see that I'm not getting much support or justice from courts is there any other way to get access to the kids by approaching TV channels/media or any human rights organization?

I would appreciate your quick response of my rights here and how I can pursue them? I direly need advice as how I can get access to speak to my kids. It's been 2+ years and I'm going thru a lot of emotional pain and frustration and really appreciate your help and direction. Thanks much in advance.

Regards

Amrit

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3 Replies

Gautam Kapoor (IT professional Studying Law) 05 March 2014

@Amrit- can understand your plight. Very hard to digest but you need to understand that if your kids are minor - the wife has 99% chances of retaining custody till they attain a prescribed age from wherein you being the father (Natural gaurdian) can seek custody rights.

Totally useless to fight the custody case now if they are minors.However you will surely have visitation rights to meet your children.This will make you a bit relaxed.Speak to lawyer on this to get you visitation rights.

Amrit (Personal) 05 March 2014

Hi Gautam,

Thanks and yes I'm looking for visitation rights but when she is not even allowing me to talk to the kids for the last 2+ years when we are still married and what would be my plight after the divorce. My lawyer says that even if I have visitation rights and we fix a date and time to meet the kids she would not show up and if it happens many times then what all I can do is just file another petition in the court. The way the Indian court system is the case would just go from month to month with no resolution in sight. I have a video conference with kids case filed 2 years ago and neither they filed a counter nor the judge is forcing them to file one. My lawyer says that the court might not help me in this regard. I sometimes feel so dejected that whether there is any law existing in India for men. It's like women are like Goddesses and men are considered as demons. I strongly feel that with these one sided laws based on gender will bring out something very bad and stinks to the core one day.