Legal Question in Family Law in India
respected sir/madam,
thanks for your answers regarding my passport query ,i ave the following question regarding child custody,
fromthe mail hardcopy i came to know that my husband had priorly married three wives where in he is fighting for child custody with his former wife who is having two kids from him aged 10 and 6,
can this point help me in not getting him visit my child???i have her divorce affidavit frm which we have completely come to know the way in which he had physically tortured his former children during their stay in us.also i have got photographs of his former two wives whom he left before marrying me.
he has two passports i have a scan copy of them both having different passport n umbers and different date of birth but the date of issue and expiry is the same on each of the passport photocopy..the passport which was seen by me was different to which he possessed.i am also divorced like his former wives but he keeps calling and reminding me of the visiting rights and also dat if i dont get bac to him for the childs sake he may file in for custody.on the other hand he already has a wife whose details are know with evidence.
with all this activity i fear for the safety of my child who is just 6 months old,can i stop his visiting rights??is there a likelihood that he can be granted custody in later stages??also due to his schizophrenic nature he has been advice counselling by his former wife who has filed him against women cell crime.please advice asap.can we book him under a case where in his passport can be surrendered please help.
6 Answers from Attorneys
It is a startling revelation . You can a file criminal case against him for possessing 2 passports which means he has misled authorities about his particulars etc. You can challenge his visitation rights ,if granted by court , by mentioning the reasons mentioned by you in your question. These are valid and cogent reasons for the court not to grant visitation rights to him. I am sure he would not be able to get the custody of your child in these circumstances as well.
giving the child custody to either parents the concern of the courts is the welfare of the child by all your evidences u can prove the worst effect of visitation rights if continued as its not in welfare of the child and all along can book him for passports.
Madam! I remember having suggested you to write question and answer while making further query. Please recap, welfare of the child is paramount. The facts revealed now are very strong in your favour. You may move an application before the court seeking cancellation of the visitation rights in view of the torture of children from ex - wife(s). If in your case, he had not disclosed his earlier wife (s) and obtained the visitation rights, then, you may ask for cancellation of the visitation rights on the grounds of concealment of facts. Talk to your lawyer with all the facts and move the required application at an earliest. Note, this application is independent of the process of passport you need for visiting your brother. for any further question, you may write me directly at [email protected]
none of the facts elaborated by you would go to prove that he is not a good father and the court should dis entitle him from visiting his own child. you must remember that he is the natural guardian and would always remain one. in order to convince the court that visitation is not in the welfare of the child, you will have to make a very strong case but the facts elaborated by you, above, may not help.
yes u can book him
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