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Prabal Pratap (director)     09 December 2013

Visitation right / restitution of conjugal rights

I am need for some advice here :

I have a 6.5 year old son. I stay in Pune along with my son and wife . We are going through the problem in our relationship and I have suggested MCD to my wife. I have not given her any documents or anything it was just a verbal discussion .At first she did not agree to the same .

On Oct 26th she had gone to her parents place for Diwali vacation ( both of us belong to same town) and did not come back . When I went there she refused to meet me , talk to me. She and her parents also did not let me see my son . I have made several attempts to see my son for 4 days , send many SMS’s and called several times but no luck. Later I came back to pune with hope that she will come back. So far there is no sign of her coming back .

She still does not respond to my phone and would not let me talk to my son. My sin studies in Pune and I can see he is losing on his school. I have no idea what is that she is planning ? Please let me know if I should seek my visitation rights to see my son or should I file for restitution of conjugal rights? Also in where should I file this from Pune or from our home town?

How long does it takes to get visitation rights ? what are the steps for the same ? should I file a police complained in case they don’t let me see my son if I try once more ? I am not sure what should I do , please help.

Thanks



Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     09 December 2013

Dear Querist if you are ready to live with her then File Rcr otherewise file a petition before district judge where your son residing with interim application for visitation right. visitation right application may be decieded within 2 -3 hearing. feel Free to call

Have a Heart Foundation (Sales & Mktng)     10 December 2013

Hi,

You can file for Restitution of Conjugal Rights and for Child Custody under Guardians & Wards Act.

Alongwith 

1) Interim Application for Child Access.

2) Injunction Application to Grant Stay so that she does not remove the child from the local Jurisdiction.

gautam (not disclosed)     11 December 2013

it looks you are not adamant on divorce, in such a case file RCR, if she denies she will lose in the petition for maintenance


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