Legal Question in Family Law in India

obstruction to court order
After the interim order i am paying 8000/per month for the educational expense of my children . I had gone to visit my 7 YEAR daughter following courts instruction .
i went within schedule period and informed the local police station and they spoke to the party who was avoident of any firm reply.
I went to the mothers house next day of the police officers call to the party and sat for one hr but my child was not home and nor my wife was present I was attended byanother relative. I could not meet the child and informed the police station in writting.
Next day i went to school and wanted the report card of my daughter but was told that my daughter has been withdrawn from school recentlyl . I wanted the copy of the transfer certificate and her previous class mark sheet which the principal of the school refused to give saying the child has been withdrawn from the school .
I am aghast I am paying maintenace and i was not able to meet the child and her school has been changed without my knowledge and after i had the interim order regarding the visitation rights .Police though cooperative refused to accompany me to home .
what shall i do know.The lady has asked for khike in interim maintenece of the kids .PLease highlight it

Asked on 3/30/09, 10:07 pm

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: obstruction to court order

I am sorry to read your statement. You may possibly need counselling. You are repeatedly linking your visitation rights with the payment of maintenance amount. Someone may need to let you know that the two situations are totally independent and are not inter-linked; you are not buying anything by payment of maintenance amount. that is your duty.

It is understandable that the other person, your wife, may be failing in her duty;

A statement like this : "I am aghast I am paying maintenace and i was not able to meet the child" may only indicate sickness of your mind.

As stated above, there is absolutely no relationship between your paying maintenance and your visitation rights. The court may, on appropriate medical reports, stop your visitation rights if that continues to be your state of mind.

The hike in maintenance amount may be warranted depending your income / financial status. As a good father, you may even volunteer appropriate payments for well-being of your children, of course without linking the same with their schools or your meetings.

At times it may better to stay away from your spouse and children till the situation is normal and conducive to everybody's health. However, you may continue discharging your duty towards their family and make regular payments towards their maintenance.

Answered on 3/30/09, 11:42 pm

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