You can file divorce and custody petition in family court you can file other assault cases under IPC against her inlaws for hitting your father
I have married on 30th April 2017 at Temple near Kanchipuram Tamilnadu, it was an arranged marriage, from my side we were around 60 peoples & from wife side there were on 7-8 members. We had an reception in Bangalore on 1st May 2017. For both of us it is our 2nd marriage we both are working. After 2-3 months my wife & their parents were rudeless & they were not giving any respect to me & my aged parents. Everytime their parents use to tell her to come to their home, we dono't have any fight & she not put any food & look after anyone. My mom was telling her don't take care of us u take care only ur husb&. Her mother use to tell very vugular language to me & mother. She use to tell I didn't to sent my daughter to look after u & ur parents. She even do not cook or do anything morning 8:15 am if she goes to work & come back only at 6:30 PM evening. My mother is aged about 65 years & father is 85 years. My mother use to do & put lunch box for both of us. I use to make all the works in home & run to my office. My mother is counting her days. After elders meeting she came back home during July 2018 & we had an BABY Boy on 9th Aug 2018. He is almost 11 months. Now she & her parents are not allowing us to see my baby. Her parents came to my home on 8th May 2019 around 8:40 pm & they ate everything & informed me that they will take me wife for some day to take rest. I told them I am not objecting to take her but everytime after taking her u will do an high drama & never sent back. Later her father & mother stayed in my home till 15th May 2019 & again in the morning they came back & told they will take her. I told them we can visit our local police station & give in writing & take her & back & get back her on 22nd May 2019. But her parents refused. We believed on her & we have sent both of them.I used to call her on daily basis & asked how is she & baby. On 22nd May 2019 I called but she refused pick the call. Later in the evening around 7:30 pm I once again tried & she picked up & informed I can't come u do what ever u want. Later I informed my mother that she is telling like this. Later we booked a cab & we went to their home around 8:30 pm before entering her father has kept 9 peoples outside. Myself, mother, father & my aunt we went inside & my mother was eager to look for my baby, but when mother entered my wife pushed her & didnot give the baby. Immediately her father has pushed me & my mother & her father mother, wife & 3rd person has hit my father & full of blood. They pushed us out & we were helpless & after some time they immediately went to the police station & I was doing first aid to my father & my friend myself went to station & police informed me don't call them or disturb for 1 week . We informed the station about what has happened & they called up her father & my wife & explained everything & live with husband. it is almost 3 months I am not able to see my baby and wife is telling I cannot come. Please help me how proceed with lokadalt case
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You can file divorce and custody petition in family court you can file other assault cases under IPC against her inlaws for hitting your father
you are entitled to visitation rights for your child
2) welfare of child is paramount consideration
3) issue legal notice to wife to permit you access to your child
4) if sh refuses file application in family court seek joint custody of your child and visitation rights
See lok adalat will not help till you both are not ready and willing to compromise for visitation and custody of child you need to file a petition before the family court and seek interim visitation rights pending the petition and custody and visitation in main petition.
Respected sir..
In such kind of circumstances until and unless you put legal pressure she will do the same.. As she is getting support from her parents.. And even after facing insult of your parents you are saying that i dont want to divorce her.. Sir for whom you went there that is your child and you have the same relationship with your father also as you are his child... You can not get the child custody from court unless he is five years old but you can get visiting right but atleast put some pressure else ahe will ruin you life and hope of your parents...
Thank you
You have to file an application before the concerned Court for permission of visitation rights of child. If that court does not allow you have to approach higher Court. Common point for visitation may be fixed by the Court. Permission of the Court is required.
You may have to wait and watch the development patiently.
Any action taken now by you even with good intention may be conceived as a bad notion by them.
Hence at this juncture you may have to control yourself and do not provoke her anger more and more so that you dont become the reason for a great debacle.
You allow the things to go on in the same manner for another three to six months by which you can find some result, if not then decide about initiating proper legal action as per the circumstances prevailing at that time.
Sir, Actually I went to vanitha sahayavani which is located in Police Commissioner office in Bangalore for counselling, for the 1st time my wife and her father came and we sat and discussed with the senior counsellor and last they asked me what you want I informed them I required both my wife and baby to live together and lead a life. But my wife told i cannot come. Later the sr. counsellor informed that we will a 2nd date u can come and we shall discuss. I was presented but my wife didn't come. Later Madam informed that you can file for RCR and also get child visitation rights. Now I have seen a lawyer and explained the things. The lawyer informed that we will file 1st child visitation rights and RCR. Now please inform / help me that I can go and file for RCR. I am dipolma holder & working in pvt ltd and my wife . M.Com MBA and working as assistant professor. I am ready to face everything but I am having aged parents and i am worried about them. Please inform how to proceed further. I am really fed up of my life.
you can file petition for RCR and seek joint custody of your child
2) if your wife does not want to stay with you then you cannot force her to stay with you even if you get a decree
3) divorce by mutual consent is best option
Sir filing for RCR and child visitation rights and is best way out for now if she is not at all interested then ask for mutual divorce and joint shared child custody without any alimony.
You should file RCR and child custody, court will grant visitation right. Rest, even after order of RCR, wife can refuse to live with you, but this way you will safe from false cases if any filed.
You can approach court for restitution of conjugal rights if the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce. And you can file for divorce.
Sir, As per your above replies, I have filed RCR in the family court today. Also filed a separate case for seeing my Baby boy for visitation rights. My baby is 11 Months. I need to get my baby for 1st year birthday which is on 9th August 2019. Can I get my baby along with my wife for 3 days 9th / 10th / 11th Aug 2019 with the court order. Whether judge will give me the permission. I already signed my papers in the court and lawyer informed me to come at 10:00 AM. He informed me that we shall request judge to put the date as soon as possible. Please inform what is the duration of getting visitation rights to see my baby. My parents are aged and they are eager to see the baby even me too. Now how can I explain my problem with judge. Do judge recommend for counselling or mediation center. In that we all our families sit together and solve our problems. If i can request the judge to put for couselling and judge with pass the order for mediation center. Please help me so I want to restore my life. I don't want divorce. But my wife is not ready to come and they have not taken any step. It is almost 3 months. Please help and inform me how to proceed further.
See firstly you can request for an interim order of visitation and in RCR you can seek mediation from the court.
Court can give you visitation rights of once a week
you have already filed petition for RCR
seek interim reliefs
Ajay Sir, I agree with you, but I want to celebrate my baby 1st year birthday. I cannot request the judge to provide that both my wife and my baby to be in my home from 9-11th Aug 2019. I am struggling for my baby. Her parents have brain washed her and she is not picking the call. It is almost 3 months over I am not able to see my baby. I am helpless. Also i can request judge to provide a mediation / counselling to us. I have filed 2 cased one is RCR and another one for baby. How can i express my problem and what their parents and my wife done to me. Day by day I am really getting depressed and not able to concentrate on my work. I am taking lot of leaves to go and submit to the court. I am loosing my salary also. But my wife is enjoyable and she does not even think about the future of the baby.
When you do file petition court refers parties to mediation to help in reconciliation
2) your personal presence is not necessary on each date
3) sufficient you are represented by lawyer
See in court mere expression shall not help.you need to file application so that on same court can pass an order , you need to seek interim relief before court .
Sir, I have filed an RCR is this will create a problem for me. Please help. My lawyer has informed that file an RCR and court will send a notice and you will have a counselling in the court later we shall decide. Is it ok or else it creates a problem. Please inform me how to proceed further. After receiving the notice from court to my wife. What will be her next step. I never ever see such a persons in the world. They are keep my 11 months baby and not able to see from 3 months. 9th Aug 2019 is birthday for my baby 1st year. Even she has blocked all my calls / whatsapp and not able to call her. Every time she blocks the call. I am really fed up of the things and I think for mens don't have any rights in justice. Only woman have everything. All the mens are not wrong and can't the prove the same in legal rights. They are also having some heartfull and think over and do the next step. What are steps to fight with her and get the correct justice.
you can file petition for RCR if you want to stay with your wife
2) seek joint custody of your child and interim visitation rights
She has to file her reply. She can decide to be with you or can object. You decide your move if you want her back then RCR contesting. If no then contesting divorce petition
See it wont create any problem, proceed with the RCR seek counselling and try if the difference can be solved in the counselling session.
See you are right in what are you saying but the court proceedings take some time. Therefore proceed with child custody abd RCR and pray for interim relief.
You have been informed to file a RCR case and also a child custody case by the organisation as well as the lawyer whom you met.
If you feel it is comfortable then you may proceed with the suggested RCR case, however please remember that even if you fight it out for years and get a decree in your favor in the RCR case, if she is not interested or willing to rejoin you then you cannot force or compel her to live with you.
Your grievances can be understood by the lawyer of this forum but nothing can be done on it except to sympathize you on your condition.
Since you have filed the cases, you may have to go by the court because the cases tend to stretch for very long time.
You may have to endure it.
In the RCR case after she appears before court, the court may instruct you both to attend the mediation session before the court appointed mediators.
You may express all your grievances in the mediation session.
Sir, Thanks for all you reply and guidance As informed I have filed 2 cases ie, RCR & Child visiting rights. I am having the child visiting hearing on 3rd Aug 2019.and RCR hearing on 29th Sep 2019. I am going to the court on 3rd Aug 2019 and I need to request / humble the honbl. judge to send my baby along with my wife on 9th to 11th Aug 2019 for my baby 1st year birthday. Will judge will provide me the rights for this. if not how to approach judge to give permission. Also I need to know after receiving the order from court for visiting rights, if my wife or her father does not allow to see my baby how to take the action on them. Can I get help from local police to call them and bring the baby to the station. What will be the duration of seeing my baby? Any time will be fixed? My wife can cancel my visiting rights to see my baby? Really my wife and her parents are very horrible persons ever I seen in this world. I am struggling a lot from 3 months. Actually before 3 months back, her father and mother came to my home at night and they told I will take my daughter to home and send back. I refused because every time they will tell and mess up everything and does not send her. For 2 times, this is 3rd time happening to me. After refusing her parents stayed in my home for 1 week and later I allowed them to go and they promised that they will send after 1 week to do pooja. But after 1 week I called up her and she informed i can't come you do what ever you want. Later myself & my parents visited their home and her father was having 6-8 3rd party persons and they hit my father who is aged 85 years and her father we know everyone and all are them in my foot. you cannot do anything. I also tried to speak to my wife with the help of police but her father didn't allow me. I have not made any mistake. Her father doesnot have the income so now she is going to work from Jun. Now please help me how to solve my life to lead. I am really helpless and i need to win to get my baby.
Judge will not direct your wife to return to her matrimonial house for 3 days for child birthday
2) court will grant you visitation rights for child
3) wife cannot refuse to give visitation rights
4) since baby is only one year old you would not be awarded child custody
See on such request court orders are not passed. Court cannot force them to go from 9 to 11 August, You have to file execution of order of court to enforce the order if they fail to honor it.
See you need to explain your wife this to continue the matrimonial life otherwise mutual divorce is best option.
Sir, Thanks for all you reply and guidance As informed I have filed 2 cases ie, G&WC and MC .MC hearing on 29th Sep 2019 & G&WC case on 18th Nov 2019. How to approach judge to give me the permission for child visitation rights. Also I need to know after receiving the order from court for visiting rights, if my wife or her father does not allow to see my baby how to take the action on them. Can I get help from local police to call them and bring the baby to the station. My wife can cancel my visiting rights to see my baby? Really my wife and her parents are very horrible persons ever I seen in this world. I am struggling a lot from 3 months. Even I was admitted to the hospital on 12th Aug 2019 in High Dependency Unit which was diagnosed under Seizure disorder due to thinking, stress & depression due to child affection. Can I inform the same to the judge and show the reports and others. I was unconscious for 2 days. My wife does not have the courtesy how I was. She and her parents came for 5-10 secs and they ran away. But my aged parents look after me and struggle to save me. Doctor has informed me not to take depression / stress and look after your aged parents they are GOD who saved your life. I am really confused. Please inform me how to take the CHILD Visitation rights during week ends i.e, Saturday and Sunday. Can I take my son to my house. Please inform me how to proceed further. Now after hitting my father and full of blood, they have informed to 3rd party that we have scolded bad words and they have recorded. This will effect for any other things in the court. Please inform.
if inspite of court orders wife does not permit you to visit the child then take out contempt of court proceedings against wife
2) only with court permission can you take your child to your home on weekends
3) you father should file case against your in laws if they assaulted him
If they fail to provide you visitation you have to file for execution of order court can order police to help you.
No if the court has provided wife cannot cancel same she has to appear before the higher court.
See you can inform the court and can seek order once the order is granted then you can take your child with you to your home as per the order.
You need to contest the said cases on merits and falsify everything through cross examination and other evidence rights
You can make a request to the court about this in writing, the court will hear both the sides and may decide on your petition on merits.
Police cannot take any decision on this, in fact they may not entertain any such complaint from you in this regard.
You first apply for visitation rights and the court will hear both the sides to take a decision.
You may have to wait until the next date of hearing for filing this application.
If your wife or her father is not agreeing to show the baby or not allowing your visitation rights as per court order then you can file a contempt of court petition.
The police will not be of any help to you until the court directs the police to protect you.
Dear Sirs, Thanks for your valuable advise. Sir, My MC case hearing date is on 26th Sep 2019. Please inform whether the court has already sent notice to my wife also. My wife should also attend on the hearing date. If they do not come to the court or attend on 26th Sep 2019 what we should do and inform to the Judge. As per my lawyer they informed me that they also need to hire a lawyer and file for vakalat and should attend the court on 26th Sep 2019. If they do not come and respond the notice what will be the next step. As informed earlier I am not able to see my 1 year baby. Due to this I am really depressed and stressed up and admit to the hospital for seizure disorder and a mild coma stage. I was in Unconsciousness for 3 days. Even my wife does not have courtesy to come and see. only on 1st day they came to hospital and seen me for just 2 mins and they went off. Even they did not esquire how is my health also. As I want to win the case and get my son and also my wife. Their parents are very ridiculous.I will be fully tensed when i see them. Please help what i should inform to the judge to save my life. Their parents have stacked us very much and my aged parents and very much depressed. Please help me in this regard.
if your wife does not attend court or engage lawyer court would grant adjournment
2) you cannot force your wife to stay with you
3) you can make application seeking visitation rights for child
4) court would grant you visitation rights
If they do not come court shall give next date. Further if they fail to respond you can pray for exparte order proceed with the case.
Yes it has to be be sent through court and she should be present at court on date of hearing. If she doesn't come court will pass exparte order in your favour
Dear Sirs, As per the advise I filled an MC case and attend the court. The court sent a notice through RPAD to my wife but they have refused. The court has informed to appear on 24th Jan 2020. Meanwhile I have already filed an GWC case and it in on 9th Dec 2019. The court informed after MC case hearing I will pass the order. Please inform me if my wife does not appears and rejects the notice what to do? Regarding MC case for my child visiting rights, can I inform court to see my baby in my place?is it possible? my child is BOY age 1 year 3 Months. Please also confirm when I take my child to my own. I am really helpless and suffering a lot. From my wife side they are not an human beings and does not have any courtesy. Please inform what step can i take and win the case and my baby. I need to show them a lesson by kannon rights only. It should not repeat to anybody else. If I have done anything wrong they can come and inform the court the same thing. But they have return the notice and sent back. Please inform me how to proceed further.
court would grant 3 adjournments . if she does not appear or engage lawyer court can proceed with case in her absence
2) you would not be permitted to take child to your place as child is only one years old
3) if they have refused to accept notice it is proper service
Refusal to receive notice is valid delivery of notice. Court will proceed ex parte if she dose not appear on next date. Press for ex parte order.
You have to prove their inhuman behavior towards child to claim absolute custody of child otherwise custody of child up to 5 years of age rest with mother and only in exceptional circumstances, child custody can be refuse to mother.
You file a private complaint before magistrate u/s 156 about forcibly keeping your child away from you by your in-laws including your wife, without any valid court order.
It is an criminal offence under section 361 of IPC.
I hope you will get some relief.
Engage good criminal lawyer.
Try this. Civil case will take long time.
Better you inform them first if they do not give back you the child you shall file criminal case against all of them.
See you can ask for child visitation rights before the court though the court may not allow you to take kid with you at your place seeing age of the child.
Dear Sir,
It is better to file Restitution of conjugal rights against your wife in family court.
If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree
If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.
SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a petitioner; summon by a competent court ; and order by a court to the spouse who left her matrimonial duties without sufficient reason.
If the notice is returned undelivered with an endorsement 'refused' then the court may set the opposite party exparte and after exparte evidence the court may pass an exparte judgment against the opposite party.
For visitation rights you may have to follow the procedures as per law and not do anything that you may desire to do.
You can discuss with your advocate about getting the child visitation rights as per procedures of court and law to move on instead of making your own schedules which will not be entertained by court.
Court will file exparte orders if she doesn't turn up after service of notice/summons. You will definitely get visitation rights can't guarantee about custody
Dear Sir / Madam, Thanks for your reply. As informed to you I have put 2 cases and attending the dates given by court; 1) MC CASE - I am attending continuously and court has sent the notice to my wife. But they have refused. The court has sent a notice again for "APPEARANCE". The judge is not hearing my comments. I am really helpless. As informed, they are not attending / appearing in the court. If I have made mistake they can come and inform the same to judge. They are really do not have humanity. Please inform how to inform the judge about my concern. From my wife they are not ready to come and attend inspite of sending several notices. 2) G W C - Case : Please note I am attending to this case in rural court. Inspite of sending notice also they are not attending the court. I am not able to do anything. Even the judge is not in keen of hearing my points. I am really worried of getting visitation rights to my child. As you aware even after not getting the order. The child will not remember us any more. The peoples in their home are really playing a game by keeping my child in their home. I am waiting for the order copy from the court to get the visitation rights. But day by day it is pushing on. Please inform at what is the exact age to get my baby (BOY) to my custody. I know I can't get the custody even after the age fixed by the court bcoz my child does not identify me as a FATHER. How can i proceed this case, so that I need to teach them a lesson that they shouldn't repeat to any body. I need to win this case. I don't want divorce bcoz i am looking the future of my child. How can I bring them to court and ask them all my questions. They have blocked all the phones & when we visited they hit my father and local police also didn't help us. There is no law of Men. Only the law is applicable to Women- ??? I request you all please inform me how to proceed and if any section is applicable please inform me, so that i will be grateful to you all.
1) if your wife does not attend court inspite of service of notice court can proceed exparte against your wife
2) if court is merely granting adjournments obtain HC orders for time bound disposal of cases in 6 months or so
1. The court has to technically move ahead with the case exparte if they refuse to come. See wait for a date or two if then also they are not appearing Ask court to.close.there right and move ahead with the case.exparte.
2. See same as above if not appearing you need to.seek.permission of court to proceed exparte.
File an application to proceed exparte in both the case.
1. If they abstain from attending the court despite receiving notice, the court my set them exparte, you may inform your advocate to follow this procedure.
2.You can adopt the same procedure as stated above to get an exparte order against your wife and move on.
What is your advocate's opinion about this?
Dear Sirs, Thanks for your valuable reply and guidance. Instead of sending several notices for both the cases they are not taking the RPAD. They are refusing. His father informed that you do not get any justice all the legal will be getting to Women. I am really helpless in this regard. Also the judge is not hearing my words. I am not able explain to judge anything in this regard just they push the dates for a month. From 3-4 months I am struggling with my aged parents. I do not have any body to help us. Please inform me that if I inform my advocate to go for exparte order. What will be the advantages to me? It will be a problem. As informed I don't want divorce. I want to leave with both of them. But my wife is not a human being. But in our problem what the baby is done. I am looking only for the baby future. I do not want him to suffer. My advocate is informing that please wait as per law we need to be calm later will inform to judge to re-issue the notice / summons. Again I got the date on 24th Jan 2020 for MC - CASE and 30th Jan 2020 for GWC -CASE. Each and every time the dates are moving to a month ahead but not a single time I did not got the justices. I request you all please inform what will be the next step, so that I will my advocate as per your advise. I need my wife family to come to court and need to teach them lesson. On your advise, I shall move ahead and inform my advocate accordingly. My wife and her parents does not have humanity of things and refusing everything. I don't want to pray their legs and I required only the justice. Please help us.
Refusal to accept is proof of service of summons
2) your lawyer should object to adjournments as wife has not appeared nor engaged lawyer inspire of service of summons
3) court can proceed exparte against your wife and award you reliefs claimed by you
1. See you can ask your advocate to.file an application for exparte order.
2. Future if the court is of the opinion to issue notice again then ask for alternative method like paper publication so that the notice is regarded as server once it is published.
Who said exparte orders in your favor will not be an advantage to you, it is because of your imaginary concept and fear that you are suffering from this psychosis.
you better be in touch with your advocate regularly so that you can get the desired relief shortly.
The court dates are routine procedures, the courts will not pass an exparte order so soon, it has to be fully satisfied with the service of summons.
You may have to go by the procedures of court.
Dear All, Thanks for your valuable replies. Sir I am having the cases as below: 1) MC Case : 24th Jan 2020 I got the copy from the family court and they have indicated that Court notice returned unserved as absent. RPAD returned with shara not claimed hence returned to sender. Respondent called out absent. For Appearance of respondent on 24th Jan 2020. Regarding this what will be the next step. My wife are not taking the notice and even they are not coming to the court. I am really fed up of this. If I have made any mistake they can come and explain the same thing to the judge or in mediation center but they are not doing any thing and keeping quiet. Hope you must have seen this type of case, why they are keeping and quote and not attending to the court even serving the notice. Each and everytime i am visiting the court and judge informs that the respondent is absent and move to the next date. Please inform I even not seen my baby for 6 months. They are not the human beings they are something else. PLEASE HELP ME AND INFORM HOW TO PROCEED FURTHER. I NEED TO TEACH THEM A LESSON. Mens don't have any rights to fight. 2) GWC Case: 30th Jan 2020 Regarding this case, Court informed me that they have sent the notice and waiting for the acknowledgement copy of RPAD when we visited on 9th Dec 2019. Acknowledgement was not received and even judge did not hear any thing and moved the same to 30th jan 2020. But I informed my lawyer to check and filing section and when we checked the file was missing. Again now they told us they will send another notice to them. But still awaiting. AS PER MY THINKING THESE PEOPLES DOES NOT ATTEND TO THE COURT. ANY STRONG FACTS ARE THERE TO BRING THEM TO THE COURT AND SOLVE MY ISSUE. I AM LOOKING THE FUTURE OF MY BABY. please help and give guidance to proceed further.
They she will not appear, court will pass ex parte order. If you will submit summons to officer than only they will process summons.
This is process by advocate. Tell him to do needful.
1) you can apply for substitutes service ie paper publication in 2 local newspapers fir service of summons
2) if wife does not appear or engage a lawyer court can proceed exparte
1. See after notice also if the respondent fails to appear you can file an application to proceed ex-parte. The court may pass order in your favor.
2. See you can pray for direct service and you can send notice by RPAD and then you can furnish the record in court and ask to proceed further.
1) If the notice is not served on them then you cannot expect them to be present before court on the date of hearing.
You may have to once again pay for processing the summons and this may happen at least for another two hearings after which you can take steps to serve the summons through substituted service by filing a petition under order 5 Rule 20 CPC in this connection.
2) Your anxiety about seeing your child and to be with the child can be understood by us whereas the court will follow the procedures as laid down in law for this purpose.
If the RPAD acknowledgment card is not received on the date of hearing then the court will post the matter to another date by passing orders 'await' which means the court will allow time for the acknowledgement card to be returned, in fact you can take the receipt number and extract the tracking results of the registered post sent to her and can submit it before the court on the next date of hearing so that court will pass orders accordingly as per law on further issues.
Dear Sirs, I have got an feedback from my lawyer regarding GWC- CASE - the case is on 30th Jan 2020. Regarding this the court has sent a person through hand and the person visited their home and her father has informed no such kind of person or by name is present and he has signed the copy and return to the person. The person has also inquired the next neighbors they are also telling we don't know. What is the next step I can do this? They are playing a lot? They are fooling me? Really fed up of this kind of persons I never ever seen in my life. They are not ready to attend or present to the court either in MC-CASE OR GWC CASE? Now the next present is on 24th Jan 2020 for MC Case and 30th Jan 2020 for GWC case. Even judge is not hearing any words either me or my lawyer. How I can explain them. Now my advocate is informing that we can get the hand notice / summons and get the help of local police and go to their home or else her work place. Can you please inform if anything strong i can put on them to bring them to the court? I don't have any help in this regards from anybody. Also my parents are thinking that due to several notice she tries to do any mistake / suicide attempt and put any cases on me, there will be a problem to us? Please confirm. They are ready to do anything. I am ready to take anything but I don't want to suffer my aged parents. I really need them to bring in front of the court and fight for justice. They are making a huge mistake. I am not able to see my child for almost 6-8 months. Please help me how to proceed further .
Apply for substituted service ie publication in 2 local newspapers
2) in event wife commits suicide and leaves suicide note case for abetment of suicide can be filed against you
3) you can apply for Anticipatory bail from sessions court
If summons are served they have to attend the court. If they don't attend the matter will be decided exparte and in criminal matters warrant will be issued
If she is not available in the said address, you may say that it was the last known address hence you may be permitted to take steps for substituted service of summons.
the court may permit you to take steps under O5 Rule 20 for serving summons through newspaper publication.
Dear Sirs, thanks to all of them for giving guidance. As informed by Ajay sir, please note she is not there for me from 6-8 months even if I had made a mistake they can given file a complaint or they can come and inform the same in court. But till date they are not coming to the court after issuing the notice for both the cases. How can she can file a case on abetment of suicide. Dear Sirs, please note I have not made any mistakes they have done everything and I am suffering a lot. Men's don't have any rights in India. I don't want to blame anyone I need only justice. Now when the court person visited her home to hand over the notice her father has informed that such person is not there and don't know where she is and signed. Now where is my child. How can I see my child. I am really frustrated of such kind of persons. How I an contact they have blocked all the numbers and when we went once they are keeping around 10-15 some persons and hit my father who is 80 age. They also pushed and hit mom and aunt. I am not able to Express my words. Sir I am really confused why they are not attending to the court and what is their in their mind. They are not taking any steps even for discussion also.. Please inform how to proceed further and what to do such kind of person.
you can file habeas corpus petition in HC to direct police to produce your child
as per recent SC judgment even non custodial parent is entitled to speak to his child for 5 to 10 minutes daily as welfare of child is paramount consideration
DEAR SIR
Delhi HC grants visitation rights to divorced fathers maintaining their children
arish (name changed) has been living separately from his wife and child. He has been duly paying maintenance towards them, but hasn't been allowed to meet his child even once. He has applied for visitation rights in court, but all he gets is more dates.
AGGRIEVED FATHERS
"My child was two-years-old when he was taken away from me. It has been two years now and I do not even know if he knows anything about me. Despite fulfilling all my responsibilities towards him, I have not been allowed to meet him.
My application seeking visitation rights is still pending. How long do I have to wait to meet my own child?" Harish shared his ordeal with Mail Today.
Fathers like Harish, who have not left a single opportunity to play their part as a parent, are now waiting for the opportunity to meet their children whom they have lost to broken marriages. A recent Delhi High Court judgment has come to the rescue of such fathers stating that a father paying maintenance, for the child is entitled to visitation rights. According to experts, the judgment has set a precedent for fathers who have been denied the child's affection despite fulfilling all duties.
MUCH NEEDED CHANGE
Justice Pradeep Nandrajog and Justice Pratibha Rani had come to the rescue of such a father who had not met his daughter for three years.
Manpreet Singh, father of a 13-year-old girl, had challenged the family court's order that asked him to pay a monthly maintenance of `25,000 to his wife and another `25,000 to his daughter. While Singh did not have any grievance regarding the maintenance to his daughter, he challenged the amount to be paid to his wife and added that he be allowed to meet his daughter whom he had not met in three years. While the court upheld the family court's order, it allowed Singh's plea to meet the child.
If she has not been served with the summons then how can you expect them to appear before court?
You knew that the summons were not served on her then how can you blame her for not attending the court?
You may have to follow further process o law to locate her as per provisions of law instead of venting out your grievances and sentimental issues which is of no use and has no validity in law.
Instead take further steps to ensure she is served with the summons by finding her new address through youir sources, you cannot get her address by sitting at home without making any efforts to locate her through your sources, or friends or relatives of both the sides.
If they have assaulted your mother and father or aunt, you have a remedy to approach police with a criminal complaint against such anti social elements.
Have you discussed all these topics with your advocate and found a remedy or solution to move ahead.
Your frustrations and anguish will not fetch you any fruitful solution to all your problems until you initiate proper legal steps to achieve them.
1. Paper publication can be done for the service of notice and summons in the local newspaper with the permission of the court. Therefore file an application for same before the court and seek permission.
2. After paper publication also if they are not coming you can file an application before court for deciding matter ex-parte.
3. See in the circumstances cited by you without any cruelty or force by your side if she commits suicide you cannot be convicted of same.
See pursue the case the court after one or two dates have to proceed ex-parte if she is not appearing once court decide the matter you can seek help of police and other authorities for the execution of the order.
Also no criminal case or complaint against you till date is filed in that scenario if they now file any case same can be contested and you can file quashing before high court.
Dear sir
Irrespective of whichever cases present , As a father you have every right to meet your child and look into his/her welfare. For regaining your right and meeting your child you may file a G&WC case [ Guardian and Ward Act ] and file section 12 under this act and claim for custody and visitation rights .
Dear Sirs. Thanks for your guidance. Regarding MC case I am attending tomorrow. Judge has given exparate evidence. Please confirm where I can attend the court for exparate evidence. My lawyer is informing that we can request for an another date after getting reply of GWC case. My lawyer also informed that if judge passes the exparate order and if ur wife does not come it is waste of everything. So please inform me how to proceed. If my wife is not ready and she is not attending even after 4 notices. She can come and put for divorce but they are not moving and stepping forward. I need my baby. If she wants divorce. First I need my baby and later I will sign the divorce or else I will fight for justice . Regarding GWC last months even after 4 notice they are not present. But last month her uncle who is lawyer came to him the court and after seeing us he left the court. I am struggling a lot for justice. I am really frustrated and confused how to about it. In my mind I think everyone should be happy what is the mistake my baby has made. Day by day I am getting mad. From my wife side they are not taking any steps or not so anything. Please inform if any alternative is there to begin them to court and I can fight for my justice. If she tells she wants divorce I am ready but she should give my baby. If they handover the baby I will sign. So what will be the next move. Please help me
You must attend court and file affidavit of evidence
2) you would get exparte decree of divorce if wife does not attend
3) you can seek joint custody of your child in divorce petition
If you are getting an exparte order then you may depose exparte evidence and get the exparte judgment.
In divorce case let she not appear, you will get the relief of divorce in her absence.
In the GWC case if you are getting exparte decision, then on that basis you can file an execution petition to execute the court order in the same court.
See you can request time by citing any difficulty if you are waiting for reply for the GWC case see if they do not appear you cannot force them to come to your place. See in your case it is better to get some mediator and intiate talks of mutual divorce. Or you can file for divorce and can take custody or shared custody of your child/.
Legal position is child should not suffer due to parents differences and child needs care of both parents. So, through court you will get only visitation rights until wife agree to surrender custody of child.
If exparte order is passed and wife still doesn't come then you can go for execution and that order will attain finality in eyes of law
Dear Sirs, I have attended the court for both the cases or MC and GWC cases: MC case - on 28th Feb 2020 my wife attended the court and informed by her lawyer after serving 5 notices she has attended. Shr has informed that due to not feeling well she has not attended the court. And informed judge to cancel exparate. Judge has given us mediation on 9th Mar 2020. But I don't know what they will do and also judge informed any objection but they told nothing. I am waiting for the mediation on 9th Mar 2020. GWC CASE- today I attended the court and judge even didn't hear anything and put on STEPS last time also the same thing has happened. Judge is not hearing anything. We have observed that my wife uncle is a lawyer in the city court and he is coming and seeing what is happening. He is following up. Even we informed to judge and judge is not listening. We think that he has some contact with judge. Please inform what to do. Please inform at what age can I get the custody of my baby. He is baby boy and age is 1 year 6 months. I am planning to inform on 9th Ar 2020 at mediation center I don't want divorce if she comes it is ok. Orelse if she is not interested let her apply for divorce. I need my baby as per law and give in writing and whatever I had put she needs to give everything. Is it ok or please inform I need justice and these people's should learn a lesson
1) file petition in HC to direct family court to dispose of your GWC case within stipulated period .
2) you can mention that only dates are being given and there is no progress in the case
3)you would not get custody of 18 month old baby
4) court would award you visitation rights
5) if your son is over 5 years old court can award you custody . welfare of child is paramount consideration
What your advocate is doing ?
Look baby age is young enough, custody will rest with mother. Better press for visitation rights.
See since the age of child is less the court may not grant you custody till 5 though it may provide you with the visitation rights.
Further see you cannot allege anything against judge without concrete proof in case. Also you can ask your wife in mediation to come back and join or agree for mutual divorce and give you joint custody and visitation of the child.
There is no such age bar. Only preference is given to mother till 7 yrs child but it's not hard and fast rule. Even childs consent is taken if required by court. But you will definitely get visitation rights. You can also demand joint custody
If the court has posted the GWC cae for steps, then you may have to contact yor advocate to take steps to file substituted service of summons, you cannot blame the court which is following the procedures as per law.
You can file an application for visitation rights to meet your child, as an interim relief.
You can interact about this with the mediator and her during the mediation session.
Dear Sirs, I am not blaming the court. My wife father brother is a lawyer and whenever the GWC case is there he is attending the court hall by hiding back and he is following up us through out the day. There are 3 to 4 people's along with his uncle who is lawyer. I am really helpless in this regard. He is following and he is trying to irritate us so that he is planning to file a case on me. I am able to understand and they are planning something. Also in 9th Mar 2020. They have cancelled the exparate and given us mediation. If my wife wants divorce and I am not ready to sign off what to do. Will I can ask the mediation person to give my child if my wife gives the child I will sign orelse I never do anything. Please what to inform in mediation how to talk and how to process. I need to teach all of them a lesson. I never ever seen these kind of people's. Please inform how to teach them a lesson any case can I put on them. Even I am thinking they are irritating us to do some wrong things and fight with them Please help me in this regard.
In mediation take the plea that you want amicable settlement and divorce by mutual consent
wife should agree to grant you sole custody or joint custody of child
If you feel that their actions are provoking you, it would be better you ignore them and choose a different path while you may have to cross them.
In mediation, if asked to give divorce, you can refuse, the mediator cannot force you to give divorce to her against your willingness.
The mediator may not be of any use to get your child back to you. you my have to fight against it before regular court alone.
See mediator doesn't have throaty to pass an order for the custody of the child. See just for being present before the court no case can be filed against them. In case they intimidate you threaten you then a case for same can be filed.
If you are not interested to consent to mediation, the case will be returned to court stating that mediation failed, and that, the court will hear the case and you can contest the same on merits.
Do not loose your temper, as stated by you, they are playing mind game, stay calm and fight the case on merits.
Do not yield to their pressure tactics.
Your wife have an advantage that her father brother are lawyers. So better go easy, attend mediation and submit your version. Mediator has no power to grant you custody.
File writ in HC for direction to decide your custody petiton expeditiously.
You can contest the divorce. No need to sign for mutual if you don't want. You can bring the tactics of opponents before court and expose them
Dear SIRS, Thanks for the valuable reply give by all the lawyers. I am really grateful to have the guidance from you all. First I am informing to all be safe.. due to nCOVID19. Sir my GWC case is on 8th Apr 2020 and due to lock down the dates will be moved. Regarding MC-CASE, the mediation center has given the date on 17th Apr 2020. Sirs,I am really frustrated because due to this COVID19 I am not able to see my child properly it is almost 12 months over. Even i tried a lot to call my wife and her father they have blocked all the calls and other relative number also. I never ever seen such kind of person. She is not my wife, ever in this world none of them block the calls. like this.This is a normal practice for them and also this kind of peoples. On Mar 22 She and her father & mother visited to the court for mediation but due to COVID19 they have given the 2nd date on 17th Apr 2020. I reallly don't know whether 17th Apr will also be OK. Her Lawyer talked to us for 1 hr and we explained the things happened and we checked with her lawyer & asked what is their in there mind. But he told I don't know actually. I am really confused of these things & I am really not in situation to see my child. I can see my child but they will create a new situation against me. They are waiting to put all the problems on me. Last visit in the court only her father was presented and he has informed to my advocate I didn't expect that I will come to court. If not he is telling i will put dowry harassment case. Sirs I am once again requesting you all I need justice and also see my child. Nothing is happening. But my lawyer is also good and she is also fighting. Even if i want to call her for any emergency the mobiles are blocked. How i express this things in mediation. I need to teach them a lesson that it should repeat ever. Thy r trying to make me angry so they cn divert the case on me. Plz help me how to proceed in the mediation.any urgency also i am not contact any body in their home.
The courts will not reopen even on the slated 17th April.
You cannot do anything about it now due to the current pandemic crisis.
Since you have already waited for 1 year, you may be patient for another month or so.
You cannot approach anyone for this other than court of law, and the courts are closed hence you do not have any option as of now than to wait patiently.
Alternately if you have her lawyer's phone number, you can request to put your child on at least a conference call.
What is the reason that they are so aggressive on you?
You can take up all these issues next time before the mediator or in the court of law when the court reopens.
Because of corona virus all cases are being adjourned
your case would most probably be adjourned on 17 th April
you can request court for short date
1. See firstly due to ongoing lockdown the mediation may or may not happen on 17th you need to have patience secondly wait for mediation to be over if same is not settled you have to plead for interim visitation and custody rights from the court.
You are right, due to Lock-down because of COVID-19 / CORONA VIRUS neither courts nor other organizations are working.
From 8th it will be again adjourned to some other date and from 17th April if lock down is not lifted it will be further adjourned, if it is lifted, you can attend and insist the court to takeup the case on a day-to-day basis i.e., with very short dates of adjournments.
Further, do not loose your temper, stay calm and attend the cases. If you want to settle the issue posh your points during Mediation, if either of the parties deviates, it will be sent back to the court.
You should file a case of domestic violence against your wife and her family for hitting her and your father. Also your parents were abused repeatedly by her.
File an rcr application and a case for child custody. If she refuses to come then file a divorce case.
The judge may not give you the baby because the baby is too small. He may give you for a few hours because your mother would be present.
File a habeas corpus petition in the high court for Illegally detaining your child. The court may not accept your request otherwise as the baby is very small.
The court will send her a notice and she has to appear and explain why is she not living with you. If she does not have any satisfactory explanation the court will tell her to go and live with you. If she refuses then it may be a ground for divorce.
You should file a domestic violence case against her and her parents immediately. They will not let you see the child. That is for sure. Do what you can. Don't trust them. Also due to COVID 19 your case wil be heard in May.
Dear Sirs, Thanks for the valuable guidance. The court has been started normally only the advocates are allowed inside and parties are not allowed due to COVID. Sirs I need a help from you all. As informed I have already filed 2 cases ie., MC Case & GWC Case. Regarding MC-Case the court has referred to the mediation but due to covid the dates are pushing up and my wife side they are not coming for the mediation even though the court is asking them to appear. Regarding GWC Case - yesterday the court Amin person has take the summons to their home but her father & mother has refused that such kind of person ie., wife & my baby is not available and they don't know where they are staying. The court person has informed them atleast give the contact number so that we can contact. But again her father has refused that we don't have any relationship with my daugher and don't know where she is. I am really helpless regarding this and my aged mother (64 yrs) and father (83 yrs) health condition is very worse. Also the court person has checked the another address which they have given in MC case. The person visited and it is false address. They have not kept any lawyer for GWC case. Her father brother is a lawyer and i think he is doing something in the GWC case, even though 7 notice + 1 summons sent by court they are not even bothered & not attend the court. Sirs, I really need ur guidance and try to inform my lawyer on your advise so that it will be very useful to me. Please inform how to see my baby or how to inform court to send a search warranty to them. The judge doesn' hear our words. I need justice sir, My humble request you all to please inform how to send a strong notice to them so that they will come to court and I can see the baby with the help of police. I really want them to come to the court and show my baby. I have not seen my baby since 2 years. I am really helpless regarding this. Please help me in this regards
1) if you are unable to serve notice request court to direct substituted service ie by paper publication in newspapers
2) on account of COVID cases are being adjourned and only urgent cases heard
If they are not available in the given address then it is your duty to find out their correct address and inform the court about it and take fresh summons to the correct address.
The court Amin's duty is to serve the summons to the respondent in the address given in the summons/notice.
If they are not available in the given address then he has to return the summons to the court with the reasons that the respondents are not available in the given address and their whereabouts are not known.
In that situation the court would ask you to furnish her proper and correct address.
If there is no response from your side to assist court to send the summons to the correct address, then any number of summons sent to the same address would be a waste exercise.
If you do not cooperate with the court then how can you blame the judge stating that the judge is not listening to your requests.
You have to instruct your lawyer to initiate proper action as per law and procedures in this regard in furtherance, he cannot remain a mute spectator over the developments.
He can take steps to file a petition under order 20 rule 5 CPC seeking substitute service of summons.
There is no point in repeating your old story of having not seen your child for two years or so.
You should take steps to cooperate with the court for getting your task completed, now that courts have opened for regular hearings, you can insist on your advocate about it and try to get a solution for the problems that is frustrating you.