Legal Question in Family Law in India
child visitation
I have two children aged 14 and 8 reading in resedency school and in care of their mother my ex wife. I had got divorced in 2006 after 11 yrs of marriage and 4 yrs of desertion .It was ex parte decesion as she never came to attend the case and now i am two yrs into my second marriage. My wife is not allowing me to meet kids and is making them turn hostile against me .There is no substance in her allegestions against me but she is influential and school authorities follow her.I am in a respectable job and her false allegetions of dowary/ wife abuser /child abuser have been dismissed .She has not filled so far any case against me in court of law.They are NRI family and influential .I love my kids and i want to stand up for them .I dont want them to believe they are fatherless. How long does it take to get vistation /joint custody. how much for kids maintenace i have to give .She didnot get any mainenace at the time of divorce in 2006.
4 Answers from Attorneys
Re: child visitation
You may seek visitation rights from the courts and offer maintenance for your wife and children by disclosing your true income and details of expenses you had earlier been incurring on maintaining the family with a particular standard of living.
it is your duty towards your children to see that they live a life of dignity in accordance with your standard of living; and you should be willing be provide for their maintenance for living with same standard of life as you are living.
Re: child visitation
You may ask the court for child custody or visitation rights order.
Re: child visitation
Approach to the court and ask for the child custody of the visitation orders.
Re: child visitation
First to make sure that your ex-wife does not trouble you, file a simple complaint in local police station describing how she is making false allegations against you. Send this complaint through registered letter. This complaint will help you in case you file visitation/custody rights for your children.
In the first place, you should have asked for child custody when you filed for divorce. In any case, regarding maintenance/visitation/custody now for children, it depends on factors such as whether you want one child, your income, joint custody, etc.
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