We have 2 kids, A 4.5 year old daughter and a 10 month old son. Wedlock was on 6th March 2011 in Bangalore. My wife is from pune earlier working and post marriage she stopped working as she did not find a suitable job fulltime . However was on part time job. She was always on and off to her hometown pune. Her family is dominated by my mother in law. Last year September 2016, she and her mother created a rift with my mother who is a widow and brought in a big fight and threatened to call cops etc. She left home on 20th September along with my son and her parents. She left my 4 year old daughter with me as she was going to school. She showed no sign of return after several requests. She even tried to pick away my daughter from school without informing us. When my daughter was in way too much need of my wife, I filed Restitution of Conjugal rights in the month of January 2017. She missed 2 dates and appeared only in the month of March. She tried to file false complaint of 498A and several others in the police station, but after the police heard my version of story they knew it is false and did not encourage her and made it an NCR complaint only. We opted for mediation on the 30th march and through that I gave all my wife belongings and custody of my daughter to her, hoping she will return back home soon to be with me. She has not shown any sign of return and she has blocked my access to my kids too by not allowing me to talk to them. Its been 2 months that she has blocked my number. RCR got closed as on 30th March 2017 and the agreement in RCR decree said that 1) I pay a monthly maintenance of 5K to my wife 2) We do not proceed with case filed in the police station, bangalore(my wife's false case) 3) Have handed over to my wife all gold and silver ornaments and nothing is pending 4) Custody of my Daughter to my wife and Visitation rights to father ( as in to myself) every month and 50% of my daughter's holidays / vacation time, I can bring her to bangalore. My In-laws are extremely politically influenced as my mother in law is working for Shiv sena in pune and they are very close to the police station personnels near their home. I'm sure, the moment I go to pune to see my kids, they will file false DV and 498A immediately. Kindly help me in resolving this and giving me access atleast to my kids. Phone calls and visitation rights. Regards, Nithin
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You are entitled to visitation rights of children as per family court order
2) if wife prevents you from meeting your children take out contempt of of court proceedings against your wife
3) in the event false 498A case is filed obtain Anticipatory bail from sessions court
I have my Sons 1st year birthday and she is completely avoiding the discussions about it and I'm sure, if I go to Pune, she will get me either beaten up or humiliate me. What is the procedure to meet ? Should I go to police station and initiate to meet or what do you suggest ?
You should go to police station with copy of court order
2) request police to help you in meeting your son as per court orders
3) if you are assaulted by wife lodge police complaint
Thank you for your suggestions. Could you also help me with Top criminal lawyer and Divorce/DV/498a lawyers with excellent track record in Pune ?
1) do not know any lawyers in Pune
2) search on this website for lawyers in Pune
1. File a suit for custody of the child for which you need not visit the court on every date.
2.refer their political interference and hence seek order for visitation of the child in court premises.
3. If they wish whether you meet them or not they can file 498A case anyway.
4. Search for a reliable lawyer .Top lawyer is a vague word which may not ensure justice all the time.
My In-laws are extremely politically influenced as my mother in law is working for Shiv sena in pune and they are very close to the police station personnels near their home. I'm sure, the moment I go to pune to see my kids, they will file false DV and 498A immediately.
Kindly help me in resolving this and giving me access atleast to my kids. Phone calls and visitation rights.
If what you say has been decreed in the RCR case as judgment, you can enforce the decree by filing an application in the court within the jurisdiction to execute the decree.
If you are afraid of her mother's influence you may take assistance of police to solve the problem.
If you anticipate they to file false 498a and DV case, you may have the certified copies of the recently disposed case including the police which was closed and produce it before the police in Pune for your defence.
If you keep away getting scared of them, you will never be able to achieve what you are craving for.
I have my Sons 1st year birthday and she is completely avoiding the discussions about it and I'm sure, if I go to Pune, she will get me either beaten up or humiliate me. What is the procedure to meet ? Should I go to police station and initiate to meet or what do you suggest ?
If you apprehend fear about her activity by which there is a fear for your life or limbs, you may approach local police seeking assistance and protection.
Could you also help me with Top criminal lawyer and Divorce/DV/498a lawyers with excellent track record in Pune ?
You can look for a lawyer of your choice from this forum too, there is no dearth for good and skilled lawyers who practice in criminal side in Pune with prudence and skill, you make your own efforts to locate one.