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chandermohan (proprieter)     28 November 2012

Need urgent advice

Dear All,

              Ihad filled petition of section 9 c as my wife has left matrimonial house along with my 3 months old Daughter in Dec 2011 and after all the family sitiing failed as her demand was that i should take a separate accomadation and leave my widow mother alone. I told her that it is not feasable as i am the only son who has to take care of my mother also. During reconcilation she demanded that i should give in written that i should give her in writting that i will in future never ask for Dowry, as i had never asked for dowry i refused for that and majistrate also told her that how can a person writte that he has done a murder and in future will not do it and majistrate told her that all whstever you are saying is false and you are taught by your lawyer. Now the case will be fought on merrits. Secondly she has filled a case of maintance and has written that i was earning 50k per month and now as i have left my job and started my own buisness i am earning 2 lac per month. all is not true in my replication i had sumbmited my form 16 for the last 2 years which clearly shows that my salary was 12k per month and now i am earning 15k per month from my current buisness. I am living in a rented accomadation and my mother is also dependent on me. My wife is not working can i know what amount for maintainance has to paid by me to my wife and daughter. Thirdly i had filled a case of custody for my daughter who now is 1 year 2 months old. Case will be listed in court on 30 nov and after that summons will be issued to my wife. I know that getting custody will be very difficult but can i know that during first hearing will i get visiting rights to meet my daughter as my wife and my inlaws dont allow me to meet my Daughter and are accusing me that they have threat that i will kill my wife and my daughter. 

KINDLY HELP A DESPARATE FATHER WHO IS DIEYING TO MEET HER DAUGHTER

 

Thanks & Regards



Learning

 8 Replies

stanley (Freedom)     28 November 2012

You will be granted Visitation at any cost come what may either without supervision or with supervision ,but it would take some time generally not in the first hearing but maybe after the 3-4 hearings everything depends on the ability of your counsel to get it at the earliest .

1 Like

Chindam Damodar (Lawyering and Advocacy)     28 November 2012

Hi friend my name is Damodar.Ch(Practicing Lawyer)

dont worry my friend i will give you one number you can get direct advice to you with my friend number you can discuss your problem now itself only ok

+91-9866501072 Venumadhav chary (Advocate) Family Advocate he will give excellent advice ok

 

regards

victim (master)     28 November 2012

 I had filled petition of section 9 c as my wife has left matrimonial house along with my 3 months old Daughter in Dec 2011 and after all the family sitiing failed as her demand was that i should take a separate accomadation and leave my widow mother alone. I told her that it is not feasable as i am the only son who has to take care of my mother also.

 

Legally she or any one cant compell you to do so. Dont worry maintain your stand.

 

During reconcilation she demanded that i should give in written that i should give her in writting that i will in future never ask for Dowry, as i had never asked for dowry i refused for that and majistrate also told her that how can a person writte that he has done a murder and in future will not do it and majistrate told her that all whstever you are saying is false and you are taught by your lawyer. Now the case will be fought on merrits. Secondly she has filled a case of maintance

 

As you managed to get  on record her refusal to join you and this point has been observed/acknowledged by Magistrate also so this will help you in fighting maintenence case. Then also granting maintenence depends on many other factors like sec. according to which she claims maintenence, her qualifications, her earning capabilities, wheather working earlier or not etc. main objective is she should be able to maintain herself in equal status of her matrimonial home.

 

and has written that i was earning 50k per month and now as i have left my job and started my own buisness i am earning 2 lac per month. all is not true in my replication i had sumbmited my form 16 for the last 2 years which clearly shows that my salary was 12k per month and now i am earning 15k per month from my current buisness. I am living in a rented accomadation and my mother is also dependent on me. My wife is not working can i know what amount for maintainance has to paid by me to my wife and daughter. Thirdly i had filled a case of custody for my daughter who now is 1 year 2 months old.

 

Burden of proof of your earnings is on her, let her try to prove her level best. Always approach court with clean hands and never hide any of your earnings. Now leave on court to decide maintenence amount, with above mentioned details she may be denied maintenence or if she gets some relief then very less amount for herself. BUT you will surely be asked to pay maintenence to your daughter. So dont deny to pay for her, infact on your own offer some amount for your daughter according to your capability, this will give you some upperhand in custody related cases later on. And once you are paying maintenence for your child then no one can deny you visitation rights.(here in this forum only you will get such judgements in which visitation is granted)

All the best

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     28 November 2012

Victim is not only victim but also a god advisor and I also concur with his advice.

ANAMIKA VICHARE (LAWYER)     29 November 2012

You may also contact Mr. Sachin Mhatre who is fighting for the cause of fathers longing to see their children..

pl send me email

anamika_vichare@rediffmail.com

victim (master)     29 November 2012

Raj Kumar sir thankyou very much for praising. Whatever little i learned about this subject is from this forum only and by reading posts of experts like you.

RK (adada)     29 November 2012

Dear Chander

Remember that court cases takes years to settle, What do you want in Life????

pragya gupta (MANAGER)     30 November 2012

 

HELLO SIR/ MAM ,

Mere husband ki 2 policy thi jo shadi ke pehle ki thi jisme ek me mere father in law  or ek me mere mother in law nominee the  Mere husband ki 9/9/2011 me accident me death ho gai thi us samaye hame bone T.B. ho gai thi or ham apne mayeke me 1 months pehe se the mere ek beta bhi 2 saal ka hai bimari ka  fayda utha kar mere sasur saas ne dono policy apne naam kara li thi jiska hame pata chal gaya or hamne ek  me objection court me file kia hai  doosri nikali ja  chuki hai

mujhe ghar se mere bete ke sath bina kuchh bhi diye ( MERE MAYEKE KA VA SHADI KE BAAD JO HAMNE KHAREEDA THA ) maar kar nikal dia gaya hai jiski report police station me nahi likhi gai jise hamne court se file karaya tha jiski final report mere khilaf me aai hai ki FR ke anusar kuchh bhi marne ki baat  nahi likhi hai   jiski medical report bhi mere pass hai  mere sasural valo ki police me achhi pehchan hai jisse police se koi support nahi mil raha hai maine demestic vilonce case bhi file kia hai lekin usme court se koi responce nahi mil raha hai iske do karan hai

1- mere khilaf final report aana

2-mere devar ka court me hajir na hona

mere lawer ka kehna hai mera case bahut week hai  kyon ki FR mere against me hai

hame ye janna hai ki is case me mera kitna right hai agar aap ke paas koi rooling ho is case ke baare me to please aap meri madad kare


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