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498a Discussion Forum Fight against the misuse of IPC 498a (anti-dowry law) 2020-01-26T15:57:29+00:00 https://www.498a.org/forum/feed.php?f=44 2020-01-26T15:57:29+00:00 2020-01-26T15:57:29+00:00 https://www.498a.org/forum/viewtopic.php?t=15090&p=104117#p104117 <![CDATA[Child Custody Issues • Re: Petitioning President of India for Shared Parenting]]>
Children who are born to biological parents constitute the common human resource for both the parents.
While so, it is inhuman that one parent snatches the child and prevent and block access to the other parent, of the child. Children have a right to enjoy, care, company, comfort and communication from both the parents equally for their holistic growth and development.
Therefore, there has to be a law in India to prevent and control parental child abductions and ensure shared and equal parenting as mandatory by law without which the children would suffer from acute physical, mental, emotional and psychological disturbances and disorders during their sensitive phases of development, thus, the future citizens of India would not be able to serve the country effectively and efficiently.
With warm regards,
Prof. Srinivasa Kunuthur

Statistics: Posted by Srinivasa Kunuthur — Sun Jan 26, 2020 3:57 pm

]]> 2017-09-17T16:07:52+00:00 2017-09-17T16:07:52+00:00 https://www.498a.org/forum/viewtopic.php?t=14833&p=103816#p103816 <![CDATA[Child Custody Issues • Re: Shared Parenting - recommendations from Law Panel]]> Statistics: Posted by kumar99 — Sun Sep 17, 2017 4:07 pm

]]> 2017-08-06T18:13:10+00:00 2017-08-06T18:13:10+00:00 https://www.498a.org/forum/viewtopic.php?t=12649&p=103722#p103722 <![CDATA[Child Custody Issues • Re: Attributes of a good lawyer - you wish your lawyer had !]]> Statistics: Posted by victimoffraud — Sun Aug 06, 2017 6:13 pm

]]> 2016-11-23T08:04:29+00:00 2016-11-23T08:04:29+00:00 https://www.498a.org/forum/viewtopic.php?t=15326&p=103337#p103337 <![CDATA[Child Custody Issues • Re: Custody of daughter: If wife remarry before divorce]]>
Focus on interim maintenance....

Talk to few detective agencies .. they will get payslip, bank account information of your wife where her salary is credited. Also a video of her working as LIC agent if that is true. Also ask your friend if school fees are paid by cheque, then your work is even simpler, detective can get who paid your daughter's school fees.

Her new marriage will not be considered legal. But I will suggest you only to continue fighting if you do not want to get remarried and only care for your daughter.

Statistics: Posted by Vibhas — Wed Nov 23, 2016 8:04 am

]]> 2016-10-15T14:52:13+00:00 2016-10-15T14:52:13+00:00 https://www.498a.org/forum/viewtopic.php?t=15326&p=103278#p103278 <![CDATA[Child Custody Issues • Custody of daughter: If wife remarry before divorce]]>
There is a recent development in my cases. The cases I am contesting:-

1. 498a
2. 9HMA (by me)
3. 13HMA (by her)
4. 125CrPC
5. 25GWA for my daughter

In 498a case I have filed application for discharge which is pending, in RCR nothing happened, in divorce case her cross is over, in maintenance case i am paying Rs. 2K (for daughter) and 3K (for wife), in custody case two visitation orders are passed one on each hearing and one every week.

Wife is not obeying visitation order, i have also filed execution application. One day my daughter said in open court that she does not want to meet me does not like me, do not want to talk to me, do not want to take anything from me. But she is staying with wife since she was 4 months old, soon she will become 11 years old. I met her hardly a dozen time and that also in court room.

Actually, parents of my wife has taken care of my daughter and from beginning my daughter thinks that they (her maternal grand parents) are her parents. Recently only, when I succeeded meeting her, I told her that I am her father.

I have not seen my daughter from last 10 months. My wife is working in LIC and taking maintenance from me and court just do not listen to me. From last two years, on hearings, my wife comes with another man (his name is same as of mine). Recently, I came to know to know that my wife has already got married with that person in court without decree of divorce (divorce case is still pending).

The information about wife's second marriage is solid and I got partial proofs. I do not have solid proof, as I do not know in which district they got registered their marriage. I have moved applications in divorce (to open her cross), maintenance (cancel her interim and add the amount in daughter's) and custody case (to give me her custody immediately). I have avoided the word adultery and applications are made just to win my daughter's custody. I have also moved an application for necessary order on willful and deliberate neglect of visitation order passed.

My wife is now happily staying with her new husband in her husband's home. Taking care of her husband's son (from his first wife) and left my daughter in the hands of her parents (my daughter's grand parents).

I also came to know (from internet), that they both (my wife and her new husband) are working together in LIC and their designation and salary etc.

I will surely get solid proof of my wife's second marriage but it may take some time. My question is, based on the information what I got and using my application filed in court:-

Can I made a complaint to LIC to order a departmental inquiry against both my wife and her new husband regarding their marriage?

My intentions are very clear. I know when I will have solid proof, then many things can be done. But at this early stage, can something be done against them?

Now, I want to communicate with my daughter through the son of one of my colleague. As both are studying in same school and same class. I do not want to meet my daughter after her school as that can complicate her life. I am very much worried about my daughter. Though she say in court the words which are fed to her, I have noticed whenever my daughter comes in court she appears very happy and sometimes try to look at me. She has not attained the age when children refuse to say whatever parents ask them to say.

What about if I request principal of my daughter's school by telling her my story, to help me and arrange meeting with my daughter if my daughter is willing to meet.

Deliberately, my wife has chosen a man to marry with same name as of mine so that in some of proofs about her wrong doing her real husband and her legal husband can be interchanged whichever is required.

I also want to know:-

1. Is there a way to use RTI to find details given by my wife about her husband, dependents, address etc to her employer LIC?

2. Is there a way to use RTI to find leaves taken by my wife's new husband on dates of hearing? (as he was with my wife in court)

Please advise and help me, my wife is ready to ruin my daughter's life just because she want to harass me.

Regards,
Misaal

Statistics: Posted by misaal — Sat Oct 15, 2016 2:52 pm

]]> 2016-08-29T06:28:12+00:00 2016-08-29T06:28:12+00:00 https://www.498a.org/forum/viewtopic.php?t=12649&p=103187#p103187 <![CDATA[Child Custody Issues • Re: Attributes of a good lawyer - you wish your lawyer had !]]> Statistics: Posted by rvega — Mon Aug 29, 2016 6:28 am

]]> 2016-01-31T11:54:27+00:00 2016-01-31T11:54:27+00:00 https://www.498a.org/forum/viewtopic.php?t=13714&p=102539#p102539 <![CDATA[Child Custody Issues • Re: visitation right for grandparents]]>
http://lawcommissionofindia.nic.in/reports/Report%20No.257%20Custody%20Laws.pdf

Statistics: Posted by bittenby498a — Sun Jan 31, 2016 11:54 am

]]> 2015-12-21T17:19:50+00:00 2015-12-21T17:19:50+00:00 https://www.498a.org/forum/viewtopic.php?t=13714&p=102314#p102314 <![CDATA[Child Custody Issues • Re: visitation right for grandparents]]> Statistics: Posted by 498questions — Mon Dec 21, 2015 5:19 pm

]]> 2015-11-28T16:27:20+00:00 2015-11-28T16:27:20+00:00 https://www.498a.org/forum/viewtopic.php?t=15099&p=102180#p102180 <![CDATA[Child Custody Issues • Is multiple applications/prayers u/s 12 of GWA act allowed?]]> Father had filed GWA petition u/s 7 and 25 with affidavit asking custody and guardianship. In the same petition he also prayed for interim custody u/s 12 and affidavit. Can he now file one more application on next date u/s 12 requesting visitation rights and suggesting the plan as approved by Mumbai HC.
Basically the question is can father file multiple applications with different prayers under same section like above. Or shall he has to wait till interim custody is decided. Kindly advice.
Father stays in different state so verbally asking visitation to judge would not be helpful because he cannot go over weekends or public holidays. So he want to claim the kids for full of summer vacations, winter, diwali etc. Also wants to put his name in school as guardian.

Statistics: Posted by hikailash — Sat Nov 28, 2015 4:27 pm

]]> 2015-11-26T13:40:47+00:00 2015-11-26T13:40:47+00:00 https://www.498a.org/forum/viewtopic.php?t=15096&p=102171#p102171 <![CDATA[Child Custody Issues • Maintenance in child custody under GWA act u/s 7 and 25]]> Father has filed child custody GWA act section 7 & 25 and have 2 queries. For past 18 months wife is away with 2 children (6 years and 2 years). Earlier father had sent gifts twice and both of them were returned. However father again sent some costly Diwali clothes once more few days back and the parcel is yet to reach. Regarding Money father is not sending anything because in-laws has created a state of confusion & sometimes they ask lunp sum and sometimes send SMS saying as of now nothing is needed. Wife and her parents do not inform father about illness and hospitalization even though insurance cards are sent to them by father.Father asked and followed up multiple times (email/SMS/phone) asking details which can be submitted for insurance for reimbursement but there was no response from wife and in-laws. Also, there are multiple SMS proofs that wife and family forcefully do not allow the father to meet his children or talk to them.
Wife was earlier working but now not working and is dependent on her father's pension and unmarried brothers salary. Both parents and kids are hindu and guided by GWA

In this background there are 2 queries :

1) Can the court award maintenance under GWA for the children? Is it allowed or normal practice to order maintenance under GWA act? If yes, then what could be the amount and how is it calculated. Children are 6 and 2 years of age.

2) if the father refuses to divulge his payslips/income (or income tax returns) then is it a problem? Can he show his immovable properties and retirements benefits (EPF & PPF) to prove he has sufficient means than the wife and in-laws. Can the court force him to divulge his payslips or IT returns which is very personal thing.

Statistics: Posted by hikailash — Thu Nov 26, 2015 1:40 pm

]]> 2015-11-23T05:36:30+00:00 2015-11-23T05:36:30+00:00 https://www.498a.org/forum/viewtopic.php?t=14375&p=102149#p102149 <![CDATA[Child Custody Issues • Re: I dont believe in custody and visitation]]> Statistics: Posted by sandeep haldankar — Mon Nov 23, 2015 5:36 am

]]> 2015-11-22T15:37:19+00:00 2015-11-22T15:37:19+00:00 https://www.498a.org/forum/viewtopic.php?t=14375&p=102147#p102147 <![CDATA[Child Custody Issues • Re: I dont believe in custody and visitation]]> Statistics: Posted by Mariner2015 — Sun Nov 22, 2015 3:37 pm

]]> 2015-11-16T14:01:35+00:00 2015-11-16T14:01:35+00:00 https://www.498a.org/forum/viewtopic.php?t=15090&p=102129#p102129 <![CDATA[Child Custody Issues • Petitioning President of India for Shared Parenting]]> Statistics: Posted by Vibhas — Mon Nov 16, 2015 2:01 pm

]]> 2015-11-14T13:30:33+00:00 2015-11-14T13:30:33+00:00 https://www.498a.org/forum/viewtopic.php?t=15086&p=102119#p102119 <![CDATA[Child Custody Issues • Re: Complex Child custody case for two kids]]> Statistics: Posted by devilal — Sat Nov 14, 2015 1:30 pm

]]> 2015-11-10T11:54:31+00:00 2015-11-10T11:54:31+00:00 https://www.498a.org/forum/viewtopic.php?t=15086&p=102084#p102084 <![CDATA[Child Custody Issues • Complex Child custody case for two kids]]> Statistics: Posted by hikailash — Tue Nov 10, 2015 11:54 am

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