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papasharma   16 March 2017

Pil: right of child to equal love affection of both parents

 I am preparing a PIL for right of child to get equal access to both parents, that childs mind should not be allowed to be tutored by custodial parent, shared parenting, significant visitation rights should be given to non-custodial parent etc etc. People interested in being part of this PIL, please get in touch ASAP.



Learning

 19 Replies


(Guest)

Can you share contents of PIL here?

papasharma   16 March 2017

My lawyer will prepare it when i have about 8 - 9 aggrieved parents with me. She is an amicus curae with the court and is passionate about ensuring justice to children.

stanley (Freedom)     16 March 2017

@ Papa 

Several high courts have approved the same .

Its a waste of time and money .There are already child access and custody guidelines which have been approved by the high court . But still than the cases drag on for years by than the child who is with the  parent does not want to see the other parent due to brain washing . 


Attached File : 160862 20170316134249 266890299 child access custody guidelines book.pdf downloaded: 82 times
1 Like

Dr. Atul [9013898936] (Lawyer, Scholar)     16 March 2017

You cannot ask the Court to enact a new law to regulate the inter se rights of parents to the custody of the child, or for 'fair, just  and equitable distribution of the child's affection'. Nor can you frame a law to prevent a child from reflecting the emotions nurtuted in him by the custodial parent. The law, as it stands is more than sufficient and I doubt you'd be able to produce cogent evidence to prove otherwise. Even if you could, which I doubt, what then? A specially empowered Court appointed Committee to make sure a child gets parent-neutral psychological conditioning?

That you have enaged an 'amicus curiae' makes me wonder if the Ld. Counsel represented herself as being one? For, she cannot. There is nothing like so-and-so is an amicus with such-and-such Court; an amicus is appointed for a particular case and/or a particular purpose and it is not something like a title/office/special class of advocates that someone may bandy around as, "I am an amicus with Court".

Now bring on the lashing, but since you posted it here,  I might as well give my frank view.

papasharma   16 March 2017

Every reply/post is a learning for all of us on this forum. The bit that the lawyer is amicus is extra information, which was probably not required to be shared by me. What i really meant was that she is a passionate lawyer who has dealt with and won PIL's earlier.

I believe that nothing is a waste of time when it comes to your child. I may not get what i desire, but at least i will reach half way,..but with support, we may reach the goal post !

Parents in same boat as me, kindly get in touch.

cheers

1 Like

Dr. Atul [9013898936] (Lawyer, Scholar)     16 March 2017

The intent and passion is salutary, but probably a Public Interest Litigation approach is not correct in my humble opinion.

Focusing all your firepower on one or few good cases, strong on facts, but perhaps not ably conducted to treated with apathy by Courts could generate a much more persuasive and emotional argument and draw vocal attention towards the rights of children of marriages gone bad, instead of a generalized, abstract PIL - not many such Petitions are admitted or entertained; if admitted, halfheartedly with no sense of urgency, bouncing around and gathering dust for years and tossing before Benches till any actual, substantive hearing comes up, if ever at all.

1 Like

stanley (Freedom)     16 March 2017

I Agree with Mr Atul .


(Guest)
Originally posted by : papasharma
My lawyer will prepare it when i have about 8 - 9 aggrieved parents with me. She is an amicus curae with the court and is passionate about ensuring justice to children.


This PIL of yours will be dismissed. Chances are that court will ask you to pay fine for wasting court time would be my honest opinion. Irrespective of whether you like my reply or not, I need you to click on like button here. Please feel free to visit my profile page at. https://www.lawyersclubindia.com/profile.asp?member_id=84464

papasharma   16 March 2017

Atul has hit the nail on its head...im looking to go to court as a group, along with  as many aggrieved parents, who have not got access to their child.. and seek higher court to pass directions to the lower court for looking at rights of the child. ....whether it is going to be a PIL, Writ or some other legal route..,...honestly i dont know.....that is for the lawyer to decide when i have the cricital mass with me.

Can you put me in touch with aggrieved parents (child custody/visitation aggrieved) who are interested to approach High court of Punjab and Haryana as a group??

Narayanan   17 March 2017

I will support for PIL. I have not seen my childeren for 7 years. Visitation right is pending due to stay order as women take all the possible route to delay it.

papasharma   17 March 2017

Hello Narayanan,

lets keep in touch on sharmameranaam@gmail.com..kindly drop me a line..

cheers

pash


(Guest)
Originally posted by : Ramesh Singh
Two point, and waiting to reply,

1) Bhaisn ki ladai may zakadi ki barbadi. Aur
2) Kala akchar bhaisn barabar.

LOL, LMAO, heehee laugh

papasharma   18 March 2017

:) janwar ban ke bache se mil sakein to yahi sahi !

papasharma   18 March 2017

hello Narayanan,

are you part of the Whatsapp group for PIL in SC for shared parenting? Its made of about 50 NCP, mostly fathers..

cheers

Pash


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