Alimony and visiting rights
Me and my wife living separately without divorce for last 3 years. I filed two cases in different courts against my wife primary is “Restitution of Conjugal Rights” and next is “Guardianship and Wards”. I also prayed to court for visitation right of my daughter (Age-3 years). First court ordered to produce my daughter in court in every hearing and second court too. From the date of order my wife formed various reasons and never produced my daughter in court for last 1.5 years. At last court firmly ordered vocally and she produced my daughter and under pressure of judge also submitted a written undertaking that, she will produce my daughter on every 1st and 3rd Saturday in every month. In court order it is clearly mentioned to handover my daughter to me for 2 hours but in first day my wife never released my daughter from her lap and tried to keep my daughter away from me continuously. And due to a long gap my daughter also unable to recognized me. Under this situation, if my wife will continue such process then it will be a great trouble for me to spend time with my daughter and bringing back her memories.
Under the above circumstances, what will be the course of action I need to be taken?
In this regard, it is also to be mentioned that, my wife submitted few false documents to passport office signed by me. All the signatures in the said documents are evidently fabricated. Therefore, I am going to file a criminal case or FIR against her. If I do so, if there any problem will arise with my visitation right or other cases?
My salary is Rs. 20,000/- P.M and I am paying an amount of Rs. 7,000/- P.M to my wife towards maintenance as per court order. Can I submit a petition for revision of the same? Because I came to know that, Supreme Court has set a benchmark for maintenance that is 25% of net salary.
Looking for early response
Thanks & regards.
Asked 7 years ago in Family Law
Religion: Hindu