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PRAVEEN (lecturer)     08 July 2013

To meet daughter

i got divorced in 2011 and aprox. 2 years daugher go with her according to mutual consent and in this agreement i have given complete right of nuturing child to mother with 3 lac rupees as a lumpsum for daughter. she married again in 15 days of divorce and left to unkown cty to me. i can not meet to my daughter from last two years.

my question is : (1) have i loose my claim on daughter due to this agreement. ; (2) can i file a case to meet my child. if yes than how ? and (3) can i have any chance to file a case of cutody 

please help me 



Learning

 14 Replies

Have a Heart Foundation (Sales & Mktng)     09 July 2013

Due to Change in circumstances you can file for child custody under Guardians and Wards Act.

You can be reintroduced in your child's life..

kindly find herewith attached "Child Access & Custody Guidelines" approved by Hon. Bombay High Court for your kind perusal.

Incase if you have visitation rights through consent terms and order but not being complied... you can file contempt of court proceedings and also pray accordingly.

 

Kindly find herewith the Info on Contempt prayers :


1. The Petitioner therefore most humbly prays that:

A. That the respondent be committed to civil prison for a period of six months or for such other period as this Hon’ble Court may deem fit and the respondent be further imposed a fine to be quantified by this Hon’ble court.

OR

In the alternative Custody of the Child be Immediately shifted to the petitioner for the gross, deliberate and willful contempt.

 

B. Right to Cross examining of the Respondent be forfeited/struck off.

 

C. The respondent be directed to serve at least 5 hrs a day of Community Service for 3 days at any Orphanage / Old Age home / Government Hospital.

 

D. That this Hon'ble Court be pleased to restrain the Respondent and / or her agent/s and / or her servants and / or any one claiming through her by an Order of injunction of this Hon'ble Court from abating the respondent from committing further acts of contempt of this Hon’ble court.

 

E. Access denied / deprived be compensated within a time frame of 10 days.

 

F. Grant any other relief or reliefs that this Hon’ble court may deem fit and proper under the circumstances.


Attached File : 371074921 child access & custody guidelines.pdf downloaded: 64 times

PRAVEEN (lecturer)     09 July 2013

thank you for your help it bring hope in my life, but where i have to send notice , i do not know whrer she get married and to whom. 

Have a Heart Foundation (Sales & Mktng)     09 July 2013

if the consent terms are signed for your visitation rights and not being complied and you are not aware of your daughter's whereabouts...

you need to file.. Habeas Corpus Petition at High Court once you are able to locate them give them immediate notice and file for child custody.

1 Like

Adv Archana Deshmukh (Practicing Advocate)     09 July 2013

@ Praveen, 

First of all find out the address and whereabouts of your ex wife and then file for visitation rights/custody.

1 Like

PRAVEEN (lecturer)     09 July 2013

the advocate who fight my case that i can not make any case due to my consent in agrrement is that " mother will have all the responsibilty of nuturing and developing the child. " so all right of child is towards mother. you can not take custody or meet him. one thing i make clear that in agreement there is never mention about visitation and there is no mutul consent.

can i send notice to her via her parent address which is in case of divorce. can i file a case at my place or at child place presently living  

Adv Archana Deshmukh (Practicing Advocate)     09 July 2013

You can get visitation rights. Find out your wife's address and file the case where the child is residing.

PRAVEEN (lecturer)     09 July 2013

her maternal uncle is CBI judge in bihar and i only know that she is in bihar but where not know. any relative of her or other person who know about her never told about her adress. i m in U.P. , with no such high back, than in bihar i file the case than she is highly powerful due to maternal uncle . 

Adv Archana Deshmukh (Practicing Advocate)     10 July 2013

If you are scared then don't do anything... but if you want to meet your kid then, you will have to put aside the fear of your ex wife's uncle. The choice is yours.

Adv. Chandrasekhar (Advocate)     10 July 2013

Engage a private detective to find out her present address, which is important to file proper petition in the court.

Adv Archana Deshmukh (Practicing Advocate)     10 July 2013

Yes, engaging a private detective may help to find the present address of your wife if you cannot find it yourself from your known sources.

PRAVEEN (lecturer)     10 July 2013

I M NOT fearing uncle but he can affect the case as in divorce case i.e. from back side, and one thing more suppose she live in patna than i have to file a case in patna or i can file a case at my place where divorce case filed. and under which section

Adv Archana Deshmukh (Practicing Advocate)     10 July 2013

You will have to file for modification of earlier order if earlier order is passed in respect of custody by the court . The uncle may be influencial person but he cannot do anything to take away the visitation rights of a father if the case is contested properly.

PRAVEEN (lecturer)     10 July 2013

where can i get full detail of this section, any website or book(auther) , so that i prepare myself till i got her adress. pls last help

Adv Archana Deshmukh (Practicing Advocate)     10 July 2013

It will be better if you consult a local lawyer with the earlier decree in respect of divorce in which there is a order of child custody. If you have voluntarily surrendered full custody then, you will have to fight the case very well and skillfully so engage a good lawyer.


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