Legal Question in Family Law in India
child visitation
i had a married life of about 9 years. A year back my wife started staying with her father and mother with my daugther and refused to stay or talk with me. i went to court for restoration of conjugal rights so she came up with maintenance plea, then i filed the affidavit for child visitation which came up for hearing. and upon training by my wife, father-in-law and mother-in-law my 8 year old daughter said she does not like me and dont want to see me in front of judge. she is also not agreeing for divorce and asking for 5 - 6 lakhs which i dont have.
what should be my next step ?
8 Answers from Attorneys
Re: child visitation
You have legal right to visit and see your child. It is immaterial whether she does not like you as you know in such cases as first the Judge himself will talk with child.
If you want to bring back your wife then pursue your case of conjugal right otherwise file case for divorce on the ground of cruelty and desertion. For further query you may contact me
Re: child visitation
Being the natural father/guardian you have every right to meet and have custody of child.you may also file seperate case for custody of child.challenge the order of trial court in higher court.Further,file divorce case against wife.contact with details.
Re: child visitation
you have to prove that your chaild is saying like that on provocation of your wife and her family members.
Re: child visitation
find out the reason why your wife is not willing to live with you. without any reason a women ( and with 9 old girl child )wolud not refuse to live with her husband.
of course you have visiting rights!
if you really want to live with her mend and patch the problem - if not make a fresh deal to solve the problem amicably.
Re: child visitation
in this case you challenge the order of the trial courts to the high court and file a seprate case for custody of your child as you are the natural father of the child. parellely file a divorce case agains your wife. contact me for the futher details.
Re: child visitation
Contact a good lawyer in your area or contact on 09426101233
regards,
Bankimchandra Shah
Surat.
Re: child visitation
if there are not sufficient grounds for your wife to seek divorce, you should oppose her petition and try to settle the matter; your case for custody seems to be week.
Re: child visitation
proceed sensibly and dont panic.
judge will see the influence on the child and will allow you to meet child. if it is otherwise then move to higher court for redressal.
as far as other issues are concerned they can not be adviced without detailed consultation