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Q. Child Visitation

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Amitava Das

posted 6 months ago

Q.Child Visitation
Good after noon sir,
Our divorce case is still running for the last 3 year in first truck court durgapur. My wife wants to get divorce but I told until my son (Nearly 4 years) is in her custody divorce can not be done from my end. Court has given an order for a monthly alimony of rs 6000/- and also a visitation order once in a month. I have paid regularly but my wife violated visitation order. Visitation is not doing in regular month wise. It is doing very irregular. So sir please give me advice how I can solve this problem. What are the legal steps I shall take so that I can visit my son in every month as per court order.

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Thulasiram S(STR)

Experience: 1 Year(s)

Responded 4 months ago

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A. ) Dear Amitava Das,

Plase file a petition in the same court from where you got Visitation Rights order to appoint commissioner. Commissioner accompany you and write report to Judge thus any mis acts of your wife would be taken to Judge observation.

This would help you.

Thank & Regards,
S Thulasiram
M Tech, MBA, MA, LLB, PGD-Cyber Laws NALSAR

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Shreyash Mohta

Experience: 2 Year(s)

Responded 6 months ago

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A. ) You may opt out of paying maintenance and also ask the court to regularize the visitation rights and thereafter you will pay the money regularly.

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Kishan Dutt Kalaskar Retired Judge

Experience: 34 Year(s)

Responded 6 months ago

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A. ) Dear Sir,
You may approach High Court and get a direction to dispose the case within the time limit as per circulars issued by High Court. You may also file a petition to stop payment of monthly maintenance since your wife breached the conditions of your visitations rights.

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