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Sayeed Nazir (Marketing Manager)     04 September 2012

Visitation rights-kid

 

Dear All,

Pls Help me, if their are any provision in LAW to meet my daughter thru Visiting Rights, apart from GW-Custody filing petition.

Previously I filed a GW-OP for custody of mu Daughter in Family Court and withdrawn the same, Since iam Highly Diabetic, i planned to leave my daughter with my wife to take care of her (Aged-8), but she never allows to meet her or talk over the phone.

Its killing me every day, and i have filed RCR and my wife has filed divorce petition (Special Marriage Act) in same family court, 

 

Pls help me if is their any provision in LAW to file an IA in the RCR or Divorce Petition for Visiting Rights to meet my Daughter.

 

The FC Judge is also too confused, and has kept pending of my Visiting Rights IA Petition(In Divorce OP) which i have Filed.

Pls Sir's / Madam / Freinds iam in great expection if any one can help me out on this, with some document evedience.....

Regards

Sayed



Learning

 1 Replies

Tajobsindia (Senior Partner )     04 September 2012

 

Originally posted by : Sayeed

 

XXX

XXX

XXX

The FC Judge is also too confused, and has kept pending of my Visiting Rights IA Petition (In Divorce OP) which i have Filed.

 


Opening observation
– Kindly donot use red text colour next time, it sounds warning like to readers / repliers alike.
- A Family Court APJ / PJ can never be alleged to be said to be “confused” on simple ‘visitation” matters as alleged by you before us. Least some erred matters may get to appeal stage before ld. DB of a State's HC but Hon'ble Chair cannot be said to be 'confused" Chair! So remove such bald allegations from thoughts of adversial litigations schemes you have indulged yourself upon bare reading your confused litigation activities status till date based on your above question before us.

Remedy:
- You can always file either S. 26 HMA and withdraw RCR as standalone in Family Courts or just an independent IA which as you say you have already done so. S. 26 HMA and RCR cannot run parallely is my narrow view when it comes to advising in real legal scenarios as somehow I was never comfortable advising filing both by same same party in start of RCR litigation probably I might say one can file it (S. 26 HMA with RCR) nearing end of RCR as seeing mood of other side!
- You can always consult a better lawyer than current one and may change current one if he has not already shown you above legal remedy which is very much applicable in Family Courts scheme of proceedings.  For the same a ld.
PO need not be alleged to be shown to be “confused” is my view.

Take:
-
What great purpose will it solve in your life when for diabetic conditions reasoning you left your daughter in company of your wife first of all and now asking same wife to rejoin your company along with 8 yrs. old daughter read with earlier withdrawn GWA OP by filing RCR!
- I think you need to sit with yourself and think larger picture as to what you actually want as solution for three peoples; wife with status-quo retained custody of child and you as separate entity?
- If you want my solicited via open forum opinion then I would suggest after making a conscious long term decision invite your wife for mediation and assert before her you wish to withdraw your RCR and allow conversion of her Divorce into MCD (Mutual Consent Divorce) with few "visitation" thrown in for your fatherly survival in medical conditions and performance of fatherly duties.
- That way all three will be more or less happy to part reasonably each others company.
- Also throw in reasonable upkeep maintenance money for female child till she attains majority as your fatherly "karma" which anyhow end of your RCR vis-à-vis her Divorce trial you have to meet being her natural father.
- I also have a feeling that you are proceeding litigation on your own minus a amicus curie and or a Lawyer on record that is why such 'confusions" litigants face at end mile.   
- Re-read this advise in natural calm mind frame and if you can take remedies positively then attempt sinkable closure accordingly otherwise discard such remedies summarily and carry on with your quest for peace that also in family law matters !

 

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