Dear Querist

My opinion on your queries are as under:-

1.If Court gives visitation rights to see my 3 year old child, how can I enhance my visitation rights?Pls brief step by step how I can get at least 6 months in a year.

Opinion: it will be better to file an application along with child custody case for interim custody under section 12 of Guardianship and wards act and claim interim custody of minor child. First get visitation then fight for equal interim custody.

2.when I should file enhancement of my visitation rights ,if court allows only once in a visit per month now.

Opinion:- you can file separate application for custody of child during vacations or on holidays.

3.I have filed RCR against my wife . If she denies to come ,when I should file divorce?after 1 year or 2 year?

Opinion: if you win RCR then one year otherwise based on cruelty you may file divorce case directly after withdraw your RCR case.

4.My mother can't travel to see my child because of health issues,so whether my mother can file a petition to see my child one in a week ?(Wife's residence is 140 km from my house)

Opinion:- yes you may claim visitation right for your mother too. Being grand mother it is very important for the welfare of child which will be the prime object of the court.

Feel free to call

1) you have to seek joint custody of your child . Law commission has recommended that joint custody of child be given to parents

2) recently in Mumbai following law commission report family court declined to give mother full custody . Joint custody was given to both parents

3) if court grants you joint custody then you would be entitled to custody of child for 182 days in a year and wife 183 days in a year

4) if court grants you visitation rights of only once in a month make application for visitation rights during child holidays , weekends

4) if inspite of decree of RCR if wife's refuses to return to her matrimonial home then you can file for divorce on expiry of one year after decree

5) grand mother application for visitation rights of grand son may not be granted by court

1. You can file subsequent petition to enhance the duration or challenge the order in high court for increase in visitation.

2. Immediate filing of petition in the same court is not permissible.You can then file revision n high court.

3.yes, you can.

4.Your mother has no right of visitation of the child.

2. If she files DV case you will have to contest it on merit.

3.File in the same court where custody case is pending to restrain her from taking the child away.

4. maintenance would be around 25% if your income.

1. To enhance the visitation rights you have to move the High Court to assail the order of the trial court. Visitation rights cannot be confused and confounded with shared custody. So you cannot get 6 months unless the court agrees to give shared custody.

2. You can move the High Court immediately after the order of the trial court, if you are aggrieved by it.

3. Failure to comply with the RCR order within a year becomes a ground for divorce.

4. Your mother has no right to file the petition for child custody during your lifetime.

1 Your wife is free to file DV case even if you have filed RCR. However, RCR filing was a very wise move, which may help you to repel her claim to maintenance.

2. She being the natural guardian of the child is free to take the child anywhere. Police has no role in this as she is the natural guardian. If you do not want your child to be relocated then seek injunction from the civil court.

3. Maintenance can be 1/3rd of your net income after deducting your liabilities.

1) wife can file DV case against you

2) you have to file detailed reply denying allegations

3) contest the false Dv case

4) seek court orders restraining wife from taking child out of kerala

5) court can direct you to pay one third of your income as maintenance towards wife and son

1. If you want to decrease the intervals of visitations or increase the time in each visitation, you may have to file a petition seeking the said relief before court.

2. First of all file a petition seeking visitation rights with the time schedule fixed by you, let she file her objection for which you may give a counter.

The court will decide to allow the visitation after hearing both the sides at its discretion if both sides are pitching legal battles vigorously.

3. If she refuses to rejoin even after the RCR decision is in your favor, then on completion of two years of the judgment you may file a petition for divorce on the grounds of desertion and cruelty.

4. Your mother's petition is not maintainable.

1. It is your wife's decision to file a DV case against you and yor mother. Since you have already filed RCR, the maintainability of her DV case will be a question.

2. You have to challenge her case properly in the trial court.

Do not budge to her pressure.

3. If you apprehend that they are likely to migrate to some distant place, you may file a petition seeking court's direction instructing her to not to leave the local place with the child. Police will not entertain any such application.

4. It depends on how she proves your income and the quantum of income sought by her and your fight back on it.

1. you should file a case before the district court under guardians and wards act for enhancement of visitation right.

2. if you prove that it is in welfare of the child then court may enhance the visitation right. you should show that child and father has developed great love and affection and you need to spend more time with your child.

What are the steps I need to take if she files a domestic violence case against me, my brother & my mother ?

you should contest it on the ground that it is a counter blast of your RCR case and allegations are not sustainable because she has been living separately for a long time.