Me and my wife are going through a separation(filed in family court, first appearance still due). We have the court appearance date around end of the year. My wife has completely blocked me off from my kids, not even allowing to speak with them ever since I filed for divorce. I tried to negotiate / reach out to her but she is not willing. I had filed an interim petition for child visitation rights as she is blocking me from seeing the kids. The court was supposed to hear the case a week back, but due to covid situation the date has been pushed by 3-4 months. What option do I have at this point if I want to visit the kids? I dont want to go to meet her at her house(she is staying with parents) and create a situation there(she might raise false allegations). Is there something I can expedite at the court to have a sooner hearing date(for interim petition) as soon as the court reopens?
In the current COVID-19 situation whole world is facing problem of all day-today living activities. So in this type of scenario you have to perform wait n watch situation. What you have done in past for interim petition for visitation rights are correct.
Wait till court reopens.
Hello,
Make online application in family court that you may be permitted to talk to your kids during lockdown period through video calls
First of all your wife has no legal right to change the present environment of the child.
File a parental kidnapping case under section 361 of IPC before magistrate by way of private complaint . It may work faster and give you some relief .
1. In your case, even though you have applied for divorce, till it is decided you continue to be her husband and she continues to be your wife.
2. Children born out of the wedlock belong to both the parents and one parent cannot restrict the other parent from meeting the children during the ongoing divorce case.
3. Since you have tried to meet your children through a court order but due to Covid19, you are not able to meet your children. Any person will understand the agony of the deprived parent.
4. You can approach local Police and take the department's help in resolving the issue. You can explain your present position and your efforts in obtaining visitation rights.
You may not be able to do anything legally for a solution to this till such time the reopens for normal functioning.
You may either have to wait until then or call on her house with the assistance of local police by convincing police about your plight.
Alternately you can file a child custody case and file an application for visitation rights as an interim relief.
Dear Sir,
You may file the application for early hearing of the case as soon as the court opens. In the mean time, you may send a legal notice or you may submit an application only for help to have a talk with child with video call etc.
File a habeas corpus petition in the high court against her for illegally detaining your children.
The court will hear you and pass interim directions till the custody case is decided.
You can move to the court on urgent basis even there is a supreme Court judgement to continue visitation rights in covid period.
File an application for early hearing.
But you may have to meet at home only due to the Covid-19 situation
1. In the divorce suit you can file petition for visitation of the child if not already filed.
2. To expedite the hearing of the petition you can file petition in high court for expeditious hearing of the petition which is often allowed.
3. To intensify the pressure file a separate suit for custody as well under Guardian and Watds Act.
Good luck.
1. See once court starts working in its regular course you may file a note mentioning urgency and can pray before court to prepone the matter and pass appropriate order.
Respected sir...
For that you will have to file early hearing application in the court stating all the points court will definitely consider your ple but sir without opening of court nothing is possible as that application is filled police also not in a condition to help you ......so you will have to wait for some time unless situation becomes good...
Thank you
- Under Articles 142 of the Constitution of India:, the Supreme Court issued directions to establish the guidelines for the effective working of the Courts through video conferencing during the COVID-19 lockdown, like :
1. The District Courts in each State shall adopt the mode of Video Conferencing prescribed by the concerned High Court.
2. The Court shall duly notify and make available the facilities for video conferencing for such litigants who do not have the means or access to video conferencing facilities.
3. If necessary, in appropriate cases courts may appoint amicus-curiae and make video conferencing facilities available to such an advocate.
- Hence, even during the lockdown , you can move an application for hearing on urgent basis or can prayed thereby to listen your matter on priority basis.
- Otherwise, just file a complaint/information with the police after stating that your wife is not allowing to visit your kids physically & via video calling , even the matter of custody is before the court.
Cannot visit due to lock down. Wait till situation normalise.
Than you can request court to grant you interim releif.
1. the best way is to wait for the court hearing date,
2. you can go for an early hearing application in the trial court but in the present circumstances (COVID19) no surety can be given that the court will allow the same,
practically, once you submit the early hearing application, the court will summon the other party and the application will be decided upon their appearance only, and in the present circumstances, it will be a bad take,
wait till the court resumes it's operation in full swing
Supreme Court considered the representation made by "Tanju Dhawan" to it about the visitation rights of fathers who are contesting divorce and child custody petitions and instructed the Wife to arrange for electronic means viz., video conference etc.,
The same was held by SC during last week.
You can use the same and reach your wife directly or through police or women police to intervene and help you.
Ans: You cannot do anything, as of today, as the courts are equally burdened and are taking up only the most urgent matters before it.
You should simply talk to your wife and keep requesting her to let you meet your children.
Only very urgent admission matters will be posted before the Court. you can make online petition contact your lawyer
1. The SC has held that even during lockdown the parent who does not have the custody of child is entitled to meet his child through video call.
2. If the hearing of case has been adjourned by few months then challenge the order in the High Court and seek visitation through video conferencing.
Only option you have is that you should approach police to help you for meeting with your kid because courts proceedings are going to be delayed due to COVID.
You can also go to school of your kids to meet them as soon as lockdown is over and kids start going to school.
Dear sir,
Though you have the option of going to court i suggest the following
a) You should first involve elders and ask them to settle the issue . Make a record of all the meetings and keep it documented.
b) If after intervention of elders nothing is progressing, file a case of Restitution of conjugal rights in the court.
c) Normally when RCR is filed, women do file 498A and domestic violence cases on men. So before you file a RCR, ensure that there is no case of Domestic violence or a dowry against you. Engage a good lawyer in your locality as a consultant and plan the next steps carefully. Engaging a lawyer does not mean filing a court case, but ensuring that you are on the right side of law in all aspects. It is like you going to a doctor for a preventive medical health check up.
Thank you sir/madam. I tried taking help of local police to visit the kids. But they are saying, since the case is going on in court, they cannot involve directly. Currently the hearing has been pushed to end of July due to Covid. Can I appeal in high court to expedite the hearing dates? Do I have any other options?
1. Police has no authority of law to intervene in a dispute of child custody between parents. Your remedy is only before the civil court.
2. You can go to High Court in its supervisory jurisdiction.
Yes you can seek interim relief by filing in HC on ground of urgency
Currently, the high court is also taking up only urgent matters you may wait for some time and file a petition when things get normal.
You can refer to the ruling of Supreme Court referred above which directed the wife to arrange a video call / conference / WhatsApp video call so that father and child can talk.
Yes the Police are correct, but request them to call your wife and inform her to arrange video call.
No, you cannot appeal to expedite the hearing, since the same is not urgent in nature.
Best option is to take help of police (convince them by referring to supreme court's guidance) and have video call.
Make online application for urgent reliefs before family court that you may be permitted online access of children During lock down
Dear Sir,
The high court also entertains only urgent applications and if you feel urgency, you may file the writ and get hearing by video conferencing. But that's seems difficult in present pandemic days.
Hi
Yes you can file a early hearing application in the High Court. Go ahead
It is not the job of the local Police to help you to see your own child unless and until there is specific trisection from court on that regard.
Since the court has posted the matter to be heard on July end, you cannot approach high court for advancing the date.
If at all you want the case to be heard in advance then you may have to approach the same trial court.
HC will not entertain early hearing petition.
Request trail court only by filing application to direct wife to allow talk to child and video call.
Take support of child welfare committee to meet child.
- No, during the lockdown , such appeal will not be entertained .
- As per the direction of Supreme court , by the end of this phase of lockdown , the courts are going to start its hearing after adopting shifting method i.e evening & morning shift.
- Hence, you can move an application for urgent hearing before the said court.
In view of the coronavirus pandemic, High Court will function for only two hours only for urgency matter through video conferencing.
Due to COVID-19 courts are shut and hence due to pendency of cases it is very difficult to expedite the process. You should file an application for interim order to let you visit your kids.