You can file divorce and custody petition in family court you can file other assault cases under IPC against her inlaws for hitting your father

Such cases dose not decide in Lok Adalat but family court.

you are entitled to visitation rights for your child 

2) welfare of child is paramount consideration 

3) issue legal notice to wife to permit you access to your child 

4) if sh refuses file application in family court seek joint custody of your child and visitation rights 

See lok adalat will not help till you both are not ready and willing to compromise for visitation and custody of child you need to file a petition before the family court and seek interim visitation rights pending the petition and custody and visitation in main petition.

Respected sir.. 

In such kind of circumstances until and unless you put legal pressure she will do the same.. As she is getting support from her parents.. And even after facing insult of your parents you are saying that i dont want to divorce her.. Sir for whom you went there that is your child and you have the same relationship with your father also as you are his child... You can not get the child custody from court unless he is five years old but you can get visiting right but atleast put some pressure else ahe will ruin you life and hope of your parents... 

Thank you

You have to file an application before the concerned Court for permission of visitation rights of child. If that court does not allow you have to approach higher Court. Common point for visitation may be fixed by the Court. Permission of the Court is required.

You may have to wait and watch the development patiently.

Any action taken now by you even with good intention may be conceived as a bad notion by them.

Hence at this juncture you may have to control yourself and do not provoke her anger more and more so that you dont become the reason for a great debacle.

You allow the things to go on in the same manner  for another three to six months by which you can find some result, if not then decide about initiating proper legal action as per the circumstances prevailing at that time.

you can file petition for RCR and seek joint custody of your child 

2) if your wife does not want to stay with you then you cannot force her to stay with you even if you get a decree 

3) divorce by mutual consent is best option 

If you want to stay with her and want her back you can file rcr

Sir filing for RCR and child visitation rights and is best way out for now if she is not at all interested then ask for mutual divorce and joint shared child custody without any alimony.

You should file RCR and child custody, court will grant visitation right. Rest, even after order of RCR, wife can refuse to live with you, but this way you will safe from false cases if any filed.

You can approach court for restitution of conjugal rights if the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce. And you can file for divorce.

See firstly you can request for an interim order of visitation and in RCR you can seek mediation from the court.

Court can give you visitation rights of once a week 

you have already filed petition for RCR 

seek interim reliefs 

When you do file petition court refers parties to mediation to help in reconciliation 

2) your personal presence is not necessary on each date 

3) sufficient you are represented by lawyer 

See in court mere expression shall not help.you need to file application so that on same court can pass an order , you need to seek interim relief before court .

You can go in revision to high court and take direction for the lower court

you can file petition for RCR if you want to stay with your wife 

2) seek joint custody of your child and interim visitation rights 

She has to file her reply.  She can decide to be with you or can object. You decide your move if you want her back then RCR contesting.  If no then contesting divorce petition

See it wont create any problem, proceed with the RCR seek counselling and try if the difference can be solved in the counselling session. 

See you are right in what are you saying but the court proceedings take some time. Therefore proceed with child custody abd RCR and pray for interim relief.

You have been informed to file a RCR case  and also a child custody case by the organisation as well as the lawyer whom you met.

If you feel it is comfortable then you may proceed with the suggested RCR case, however please remember that even if you fight it out for years and get a decree in your favor in the RCR case, if she is not interested or willing to rejoin you then you cannot force or compel her to live with you.

Your grievances can be understood by the lawyer of this forum but nothing can be done on it except to sympathize you on your condition.

Since you have filed the cases, you may have to go by the court  because the cases tend to stretch for very long time.

You may have to endure it.

In the RCR case after she appears before court, the court may instruct you both to attend the mediation session before the court appointed mediators.

You may express all your grievances in the mediation session.

Judge will not direct your wife to return to her matrimonial house for 3 days for child birthday 

2) court will grant you visitation rights for child 

3) wife cannot refuse to give visitation rights 

4) since baby is only one year old you would not be awarded child custody 

You need to proceed with the RCR in family court.  No other alternative

See on such request court orders are not passed. Court cannot force them to go from 9 to 11 August, You have to file execution of order of court to enforce the order if they fail to honor it. 

See you need to explain your wife this to continue the matrimonial life otherwise mutual divorce is best option.

if inspite of court orders wife does not permit you to visit the child then take out contempt of court proceedings against wife 

2) only with court permission can you take your child to your home on weekends 

3) you father should file case against your in laws if they assaulted him 

If they fail to provide you visitation you have to file for execution of order court can order police to help you.

No if the court has provided wife cannot cancel same she has to appear before the higher court.

See you can inform the court and can seek order once the order is granted then you can take your child with you to your home as per the order.

You need to contest the said cases on merits and falsify everything through cross examination and other evidence rights

You can make a request to the court about this in writing, the court will hear both the sides and may decide on your petition on merits.

Police cannot take any decision on this, in fact they may not entertain any such complaint from you in this regard.

You first apply for visitation rights and the court will hear both the sides to take a decision.

You may have to wait until the next date of hearing for filing this application.

If your wife or her father is not agreeing to show the baby or not allowing your visitation rights as per court order then you can file a contempt of court petition.

The police will not be of any help to you until the court directs the police to protect you.

if your wife does not attend court or engage lawyer court would grant adjournment 

2) you cannot force your wife to stay with you 

3) you can make application seeking visitation rights for child 

4) court would grant you visitation rights 

If they do not come court shall give next date.  Further if they fail to respond you can pray for exparte order proceed with the case.

Yes it has to be be sent through court and she should be present at court on date of hearing. If she doesn't come court will pass exparte order in your favour

court would grant 3 adjournments . if she does not appear or engage lawyer court can proceed with case in her absence 

2) you would not be permitted to take child to your place as child is only one years old 

3) if they have refused to accept notice it is proper service 

Refusal to receive notice is valid delivery of notice. Court will proceed ex parte if she dose not appear on next date. Press for ex parte order.

You have to prove their inhuman behavior towards child to claim absolute custody of child otherwise custody of child up to 5 years of age rest with mother and only in exceptional circumstances, child custody can be refuse to mother.

You file a private complaint before magistrate u/s 156 about forcibly keeping your child away from you by your in-laws including your wife, without any valid court order. 

It is an criminal offence under section 361 of IPC. 

I hope you will get some relief. 

Engage good criminal lawyer. 

Try this.  Civil case will take long time. 

Better you inform them first if they do not give back you the child you shall file criminal case against all of them. 

See you can ask for child visitation rights before the court though the court may not allow you to take kid with you at your place seeing age of the child.

Dear Sir,

It is better to file Restitution of conjugal rights against your wife in family court.

If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree

If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.

1. she can file any case as she likes
   this RCR will dilute the seriousness of her cases
   3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce

• You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.

SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a  petitioner; summon by a competent court ;  and order by a court to the spouse who left her matrimonial duties without sufficient reason.

If the notice is returned undelivered with an endorsement 'refused' then the court may set the opposite party exparte and after exparte evidence the court may pass an exparte judgment against the opposite party.

For visitation rights you may have to follow the procedures as per law and not do anything that you may desire to do.

You can discuss with your advocate about getting the child visitation rights as per procedures of court and law to move on instead of making your own schedules which will not be entertained by court.

Court will file exparte orders if she doesn't turn up after service of notice/summons. You will definitely get visitation rights can't guarantee about custody

1) if your wife does not attend court inspite of service of notice court can proceed exparte against your wife 

2) if court is merely granting adjournments obtain HC orders for time bound disposal of cases in 6 months or so 

1. The court has to technically move ahead with the case exparte if they refuse to come. See wait for a date or two if then also they are not appearing Ask court to.close.there right and move ahead with the case.exparte.

2. See same as above if not appearing you need to.seek.permission of court to proceed exparte.

File an application to proceed exparte in both the case.

1. If they abstain from attending the court despite receiving notice, the court my set them exparte, you may inform your advocate to follow this procedure.

2.You can adopt the same procedure as stated above to get an exparte order against your wife and move on.

What is your advocate's opinion about this?

Contest the divorce, not necessary court will grant diovrce. and apply for child custody. 

Refusal to accept is proof of service of summons 

2) your lawyer should object to adjournments as wife has not appeared nor engaged lawyer inspire of service of summons 

3) court can proceed exparte against your wife and award you reliefs claimed by you 

1. See you can ask your advocate to.file an application for exparte order.

2. Future if the court is of the opinion to issue notice again then ask for alternative method like paper publication so that the notice is regarded as server once it is published.

Who said exparte orders in your favor will not be an advantage to you, it is because of your imaginary concept and fear that you are suffering from this psychosis.

you better be in touch with your advocate regularly so that you can get the desired relief shortly.

The court dates are routine procedures, the courts will not pass an exparte order so soon, it has to be fully satisfied with the service of summons.

You may have to go by the procedures of court.

Have you filled criminal case? If not , try it, you may get some relief.

They she will not appear, court will pass ex parte order. If you will submit summons to officer than only they will process summons.

This is process by advocate. Tell him to do needful.

1) you can apply for substitutes service ie paper publication in 2 local newspapers fir service of summons 

2) if wife does not appear or engage a lawyer court can proceed exparte 

1. See after notice also if the respondent fails to appear you can file an application to proceed ex-parte. The court may pass order in your favor.

2. See you can pray for direct service and you can send notice by RPAD and then you can furnish the record in court and ask to proceed further.

1) If the notice is not served on them then you cannot expect them to be present before court on the date of hearing.

You may have to once again pay for processing the summons and this may happen at least for another two hearings after which you can take steps to serve the summons through substituted service by filing a petition under order 5 Rule 20 CPC in this connection.

  2)  Your anxiety about seeing your child and to be with the child can be understood by us whereas the court will follow the procedures as laid down in law for this purpose.

If the  RPAD acknowledgment card is not received on the date of hearing then the court will post the matter to another date  by passing orders 'await' which means the court will allow time for the acknowledgement card to be returned, in fact you can take the receipt number and extract the tracking results of the registered post sent to her and can submit it before the court  on the next date of hearing so that court will pass orders accordingly as per law on further issues.

You need to attend the matter after receiving summons and do as aforesaid

Refusal to accept summon is due service. Submit any of her i`d that have same address.

Apply for substituted service ie publication in 2 local newspapers 

2) in event wife commits suicide and leaves suicide note case for abetment of suicide can be filed against you 

3) you can apply for Anticipatory bail from sessions court 

If summons are served they have to attend the court. If they don't attend the matter will be decided exparte and in criminal matters warrant will be issued

If she is not available in the said address, you may say that it was the last known address hence you may be permitted to take steps for substituted service of summons.

the court may permit you to take steps under O5 Rule 20 for serving summons through newspaper publication.

you can file habeas corpus petition in HC to direct police to produce your child 

as per recent SC judgment even non custodial parent is entitled to speak to his child for 5 to 10 minutes daily as welfare of child is paramount consideration 

DEAR SIR

Delhi HC grants visitation rights to divorced fathers maintaining their children

arish (name changed) has been living separately from his wife and child. He has been duly paying maintenance towards them, but hasn't been allowed to meet his child even once. He has applied for visitation rights in court, but all he gets is more dates.

AGGRIEVED FATHERS

"My child was two-years-old when he was taken away from me. It has been two years now and I do not even know if he knows anything about me. Despite fulfilling all my responsibilities towards him, I have not been allowed to meet him.

My application seeking visitation rights is still pending. How long do I have to wait to meet my own child?" Harish shared his ordeal with Mail Today.

Fathers like Harish, who have not left a single opportunity to play their part as a parent, are now waiting for the opportunity to meet their children whom they have lost to broken marriages. A recent Delhi High Court judgment has come to the rescue of such fathers stating that a father paying maintenance, for the child is entitled to visitation rights. According to experts, the judgment has set a precedent for fathers who have been denied the child's affection despite fulfilling all duties.

MUCH NEEDED CHANGE

Justice Pradeep Nandrajog and Justice Pratibha Rani had come to the rescue of such a father who had not met his daughter for three years.

Manpreet Singh, father of a 13-year-old girl, had challenged the family court's order that asked him to pay a monthly maintenance of `25,000 to his wife and another `25,000 to his daughter. While Singh did not have any grievance regarding the maintenance to his daughter, he challenged the amount to be paid to his wife and added that he be allowed to meet his daughter whom he had not met in three years. While the court upheld the family court's order, it allowed Singh's plea to meet the child.

If she has not been served with the summons then how can you expect them to appear before court?

You knew that the summons were not served on her then how can you blame her for not attending the court?

You may have to follow further process o law to locate her as per provisions of law instead of venting out your grievances and sentimental issues which is of no use and has no validity in law.

Instead take further steps to ensure she is served with the summons by finding her new address through youir sources, you cannot get her address by sitting at home without making any efforts to locate her through your sources, or friends or relatives of both the sides.

If they have assaulted your mother and father or aunt, you have a remedy to approach police with a criminal complaint against such anti social elements.

Have you discussed all these topics with your advocate and found a remedy or solution to move ahead.

Your frustrations and anguish will not fetch you any fruitful solution to all your problems until you initiate proper legal steps to achieve them.

1. Paper publication can be done for the service of notice and summons in the local newspaper with the permission of the court. Therefore file an application for same before the court and seek permission.

2. After paper publication also if they are not coming you can file an application before court for deciding matter ex-parte. 

3. See in the circumstances cited by you without any cruelty or force by your side if she commits suicide you cannot be convicted of same.

See pursue the case the court after one or two dates have to proceed ex-parte if she is not appearing once court decide the matter you can seek help of police and other authorities for the execution of the order.

Also no criminal case or complaint against you till date is filed in that scenario if they now file any case same can be contested and you can file quashing before high court. 

Dear sir

Irrespective of whichever cases present , As a father you have every right to meet your child and look into his/her welfare. For regaining your right and meeting your child you may file a G&WC case [ Guardian and Ward Act ] and file section 12 under this act and claim for custody and visitation rights .  

If they don't come court will pass exparte orders in your matter

You must attend court and file affidavit of evidence 

2) you would get exparte decree of divorce if wife does  not attend 

3) you can seek joint custody of your child in divorce petition 

If you are getting an exparte order then you may depose exparte evidence and get the exparte judgment.

In divorce case let she not appear, you will get the relief of divorce in her absence.

In the GWC case if you are getting exparte decision, then on that basis you can file an execution  petition to execute the court order in the same court.

See you can request time by citing any difficulty if you are waiting for reply for the GWC case see if they do not appear you cannot force them to come to your place. See in your case it is better to get some mediator and intiate talks of mutual divorce. Or you can file for divorce and can take custody or shared custody of your child/. 

Legal position is child should not suffer due to parents differences and child needs care of both parents. So, through court you will get only visitation rights until wife agree to surrender custody of child.

If exparte order is passed and wife still doesn't come then you can go for execution and that order will attain finality in eyes of law

1) file petition in HC to direct family court to dispose of your GWC case within stipulated period . 

2) you can mention that only dates are being given and there is no progress in the case 

3)you would not get custody of 18 month old baby 

4) court would award you visitation rights 

5) if your son is over 5 years old court can award you custody . welfare of child is paramount consideration 

What your advocate is doing ?

Look baby age is young enough, custody will rest with mother. Better press for visitation rights.

See since the age of child is less the court may not grant you custody till 5 though it may provide you with the visitation rights. 

Further see you cannot allege anything against judge without concrete proof in case. Also you can ask your wife in mediation to come back and join or agree for mutual divorce and give you joint  custody and visitation of the child.

There is no such age bar. Only preference is given to mother till 7 yrs child but it's not hard and fast rule.  Even childs consent is taken if required by court. But you will definitely get visitation rights. You can also demand joint custody

If the court has posted the GWC cae for steps, then you may have to contact yor advocate to take steps to file substituted service of summons, you cannot blame the court which is following the procedures as per law.

You can file an application for visitation rights to meet your child, as an interim relief.

You can interact about this with the mediator and her during the mediation session.

In mediation take the plea that you want amicable settlement and divorce by mutual consent 

wife should agree to grant you sole custody or joint custody of child 

If you feel that their actions are provoking you, it would be better you ignore them and choose a different path while you may have to cross them.

In mediation, if asked to give divorce, you can refuse, the mediator cannot force you to give divorce to her against your willingness.

The mediator may not be of any use to get your child back to you. you my have to fight against it before regular court alone.

See mediator doesn't have throaty to pass an order for the custody of the child. See just for being present before the court no case can be filed against them.  In case they intimidate you threaten you then a case for same can be filed.

If you are not interested to consent to mediation, the case will be returned to court stating that mediation failed, and that, the court will hear the case and you can contest the same on merits.

Do not loose your temper, as stated by you, they are playing mind game, stay calm and fight the case on merits. 

Do not yield to their pressure tactics.

Your wife have an advantage that her father brother are lawyers. So better go easy, attend mediation and submit your version. Mediator has no power to grant you custody. 

File writ in HC for direction to decide your custody petiton expeditiously.

You can contest the divorce. No need to sign for mutual if you don't want. You can bring the tactics of opponents before court and expose them

You can do the aforesaid

The courts will not reopen even on the slated 17th April.

You cannot do anything about it now due to the current pandemic crisis.

Since you have already waited for 1 year, you may be patient for another month or so.

You cannot approach anyone for this other than court of law, and the courts are closed hence you do not have any option as of now than to wait patiently.

Alternately if you have her lawyer's phone number, you can request to put your child on at least a conference call.

What is the reason that they are so aggressive on you?

You can take up all these issues next time before the mediator or in the court of law when the court reopens. 

Because of corona virus all cases are being adjourned 

your case would most probably be adjourned on 17 th April 

you can request court for short date 

1. See firstly due to ongoing lockdown the mediation may or may not happen on 17th you need to have patience secondly wait for mediation to be over if same is not settled you have to plead for interim visitation and custody rights from the court.

You are right, due to Lock-down because of COVID-19 / CORONA VIRUS neither courts nor other organizations are working. 

From 8th it will be again adjourned to some other date and from 17th April if lock down is not lifted it will be further adjourned, if it is lifted, you can attend and insist the court to takeup the case on a day-to-day basis i.e., with very short dates of adjournments.

Further, do not loose your temper, stay calm and attend the cases.  If you want to settle the issue posh your points during Mediation, if either of the parties deviates, it will be sent back to the court.

You should file a case of domestic violence against your wife and her family for hitting her and your father. Also your parents were abused repeatedly by her.

File an rcr application and a case for child custody. If she refuses to come then file a divorce case.

The judge may not give you the baby because the baby is too small. He may give you for a few hours because your mother would be present.

File a habeas corpus petition in the high court for Illegally detaining your child. The court may not accept your request otherwise as the baby is very small.

The court will send her a notice and she has to appear and explain why is she not living with you. If she does not have any satisfactory explanation the court will tell her to go and live with you. If she refuses then it may be a ground for divorce.

You should file a domestic violence case against her and her parents immediately. They will not let you see the child. That is for sure. Do what you can. Don't trust them. Also due to COVID 19 your case wil be heard in May.

1) if you are unable to serve notice request court to direct substituted service ie by paper publication in newspapers 

2) on account of COVID cases are being adjourned and only urgent cases heard 

If they are not available in the given address then it is your duty to find out their correct address and inform the court about it and take fresh summons to the correct address.

The court Amin's duty is to serve the summons to the respondent in the address given in the summons/notice.

If they are not available in the given address then he has to return the summons to the court with the reasons that the respondents are not available in the given address and their whereabouts are not known.

In that situation the court would ask you to furnish her proper and correct address.

If there is no response from your side to assist court to send the summons to the correct address, then any number of summons sent to the same address would be a waste exercise.

If you do not cooperate with the court then how can you blame the judge stating that the judge is not listening to your requests.

You have to instruct your lawyer to initiate proper action as per law and procedures in this regard in furtherance, he cannot remain a mute spectator over the developments.

He can take steps to file a petition under order 20 rule 5 CPC seeking substitute service of summons.

There is no point in repeating your old story of having not seen your child for two years or so.

You should take steps to cooperate with the court for getting your task completed, now that courts have opened for regular hearings, you can insist on your advocate about it and try to get a solution for the problems that is frustrating you.