Legal Question in Family Law in India

Child Access in Court complex to father

Hi,

I have already filed divorce petition last year. The main base for the divorce petition is on the ground of cruelty with me and my child. My child is 5 yrs old now. My in-laws and husband used my child to brainwash against me. The still harass me in one way or the other by going to his school, hindering in the premises where we stay. He actually is happy that he has made me come all the way from my house at Dahisar to Bandra court. For summer vacation the court have granted him access on Friday as well as Saturday from 10.am to 5pm in the court complex. My husband has a holiday on Friday. As it is he is a business man, but I am a working woman. Incase I challenge it in the high court what are the pros and cons to it. Please guide me as my husband is using the child to harass me.


Asked on 5/16/08, 5:01 am

3 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Child Access in Court complex to father

You can apply to the bandra court stating your inconvience and above facts. Why go to high court?

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Answered on 5/17/08, 4:28 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Child Access in Court complex to father

The custody orders are interim orders can be changedamended by the same court on showing change in situation/circumstances.

you should better inform the same court about the difficulties you are facing in implementation of the order and instead make submissions with alterantive plans.

going to the High Court may prove to be costly and cumbersome for you. it is also possible that the High Court may again remand the case to the trial court for fresh decision.

make an attempt before the same court and then consider moving to high court.

you have a good case in the given facts.

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Answered on 5/16/08, 5:26 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Child Access in Court complex to father

You have got a good case.

Firstly I would suggest not to approach the High Court.

You may approach a good lawyer and through his guidance you may state your inconvenience to the Bandra Court.

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Answered on 6/08/08, 2:00 pm


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