Strategy for maximum visitation

Tilak Marg Forum for Legal Questions Forums Family Law Strategy for maximum visitation

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    • #1393

      Dear Sir,

      My wife filed 498a and CrPC125 last year. I have a 3.5 year old son who is with wife. She lied on affidavit in her CrPC125 petition about not having any income and somehow managed a consent statement for maintenance for her and my son under CrPC125. Till now she is seeking adjournments through her lawyer and has not given her statement/evidence in support of her CrPC125 petition, despite my various verbal request to the Family Court Judge for striking off her evidence, which judge didn’t do. Child custody mutually with wife hasn’t been successful till now. Recently I came to know that my wife filed for divorce with interim custody of my son under HMA. I haven’t received notice of her divorce petition yet.

      My queries are:

      (i) Can I file for child visitation and custody for myself and my parents under both Hindu Marriage Act as well as under Guardian & Wards Act to get maximum visitations and if possible custody too?

      (ii) What step(s) can i take to stop futile adjournments and start proceedings in the CrPC125 case?

      (iii) Does her lie on affidavit about “no income” (despite earning) in CrPC125 petition will have any effect on her divorce petition? Can it help me in opposing her claim for child custody and defeating her divorce petition or 498a case?

      Thank you very much.

      Regards,
      Govind

    • #1395

      First two questions are repetitions of your earlier questions. In brief, it is reiterated that you can always file your own cases for custody of your child and the visitation rights. No one can stop you from doing that. Please do not repeat the same question.

      If a party to a court proceeding makes a false statement on oath to the court, it may be perjury for which action can be taken against that party. Secondly, such false statement shows the character of that party and also that such party has not come with clean hands before the court. It may have some bearing on the court matter, since the court may lose confidence in such party. Having said that, and with this caveat, a matter before the court (such as divorce petition) has to be decided on its own merits. If a particular case has its own merits, then it may not be thrown merely because of one or two lapses. Ultimately, it depends on the total factual matrix of the case, all facts considered together, including the false statement made and its effect on the merits of the case.     


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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