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Amit   06 July 2017

Regarding child visitation

I am thankful to the members for helping me in getting my divorce.

I got divorce by Mutual Consent in November 2016 and got remarried in Feb 2017, Daughter’s (7 Years) custody is with me. We are happily living and daughter got admitted in a very good school.

Divorce decision says that my X may take daughter for 3-4 day during holidays after talking to me. Now my question to forum are as below:

Q1: My X is sending emails to my office seniors that I am harassing her and daughter and not even providing food to the little one.

[Should I ignore or I should respond such email]

Q2: I have no idea where she is now and she send a number (Canadian Number) over email to arrange a call between her and daughter, further asking me to hand over daughter to her parents.

[So far, I have arranged no call, as I requested her to give the name of service provider of the Canadian number and the name of the SIM owner which she is not responding]

Q 3: My X parents are intentionally coming to my house specially in my absence and used to abuse to my mother and my wife.

[Any suggestion]

Q4: Now the most important question is – If my X come some day at my home to take my daughter, what I can do to make sure that she will come back after 2-4 days. As on date their temperament is looking like they will never return my daughter just to tease me.

I have spent a hefty amount for taking divorce and all the entire savings I have one done and nothing she is giving for the child though she is highly qualified and was working at a senior post at the time of divorce. 


 5 Replies

saravanan s (legal advisor)     06 July 2017

Ignore her mails if it doesn't pose any threat to your reputation at office but have a backup of all those mails with you.if she takes away your daughter and doesn't allow her to return back you got to file custody case and prove before the court that all her allegations are false.also since your daughter is seven years of age her wish to either join you or your ex wife will be taken into consideration
1 Like

Siddharth Srivastava (Advocate)     06 July 2017

You may file suit for mandatory injunction seeling restrain against them. Consult a lawyer with deatils.

1 Like

Ms.Usha Kapoor (CEO)     07 July 2017

I wholly agree with  Mr, Saravanan's opinion in this regard.

1 Like

Amit   07 July 2017

Thanks for the promp response, I would like to check the option that can i ask her to intimate in the local police sataion and may submit a application that she will be back after 2-4 days

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     09 July 2017

As you got MCD and also got custody of the child, we suppose you might be having a reputed lawyer under your command who led you through this arduous route.  I wish you ask him the way out of your beleaguered situation.  Any how, you have two things to do:  1.  You take injunction against your ex inlaws to enter your residential and office premises for whatever reason.

2.  Approach the court for amendment of earlier order giving your ex to keep the child three or four days as you apprehend that the child will not be returned. Suggest a way that child will be given back after three or four days.   Keep the child passport guardedly with you, so that she won't be removed from country. 

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