November 23, 2017

Go Ahead with Separation Not Kids- Part 2

Part 2 of the series is dedicated to all kids and Father who are deprived of Love arising out of ego rather than anything else.

www.newsnviews.online Fathers Day

Types of Demands made by Wife in Family Court:

  • The child will meet father only once a month,
  • Child will meet father only once a month and that too for one hour in the court premises only,
  • Father will not be allowed to take the child outstation,
  • Father will have no right to visit school on open days, etc.

Why are such demands made?

Possible reasons for such demands are as follows:

  • The wife is not happy with the maintenance amount mutually agreed for the child,
  • Wife has hidden agenda and tutoring the child may back fire if the child is left alone with father,
  • Possibly wants to take revenge of some other issue and child becomes the tool to settle scores.

Way out from the Mess

The best way to avoid this mess is have select friends and well wishers from both sides work out a mutual consent plan as indicated in Part 1.

If mutual consent doesn’t work identify a good advocate. Though you may be in hurry but try and do background check on the advocate.

Start maintaining a diary. Record all developments no matter how small or insignificant they may be. It comes handy during cross questioning.

The document submitted should not be for the sake of it. They should be based on facts.

A chronological description of events with facts always has its plus point.

Personally follow up with administrative staff in court instead of relying just on advocate.

Ensure proper address is given for summons to be sent.

If for three consecutive dates the wife or her advocate is not appearing on the date of hearing, send the summons through Bailiff. For this you need to submit some amount as court fee. There have been cases where the Bailiff is bribed and asked to report back some silly excuses like:

  • Address not found,
  • Home locked, etc.

If the wife is working then summons needs to be sent to place of work.

Once the summons are served then it is important for the party to appear before the court. Your advocate can request the court to finalise the case Ex parte if there are perennial delay.

No mater what the claims are from either side c has to be looked into.

Lets read this document carefully in light of the above underlined sentence.

United Nations Declaration of the Rights of the Child

Proclaimed by General Assembly resolution 1386(XIV)
of 20 November 1959

Whereas the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom,

Whereas the United Nations has, in the Universal Declaration of Human Rights, proclaimed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,

Whereas the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth,

Whereas the need for such special safeguards has been stated in the Geneva Declaration of the Rights of the Child of 1924, and recognized in the Universal Declaration of Human Rights and in the statutes of specialized agencies and international organizations concerned with the welfare of children,

Whereas mankind owes to the child the best it has to give,

Now therefore, The General Assembly Proclaims this Declaration of the Rights of the Child to the end that he may have a happy childhood and enjoy for his own good and for the good of society the rights and freedoms herein set forth, and calls upon parents, upon men and women as individuals, and upon voluntary organizations, local authorities and national Governments to recognize these rights and strive for their observance by legislative and other measures progressively taken in accordance with the following principles:

Principle 1

The child shall enjoy all the rights set forth in this Declaration. Every child, without any exception whatsoever, shall be entitled to these rights, without distinction or discrimination on account of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, whether of himself or of his family.

Principle 2

The child shall enjoy special protection, and shall be given opportunities and facilities, by law and by other means, to enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. In the enactment of laws for this purpose, the best interests of the child shall be the paramount consideration.

Principle 3

The child shall be entitled from his birth to a name and a nationality.

Principle 4

The child shall enjoy the benefits of social security. He shall be entitled to grow and develop in health; to this end, special care and protection shall be provided both to him and to his mother, including adequate pre-natal and post-natal care. The child shall have the right to adequate nutrition, housing, recreation and medical services.

Principle 5

The child who is physically, mentally or socially handicapped shall be given the special treatment, education and care required by his particular condition.

Principle 6

The child, for the full and harmonious development of his personality, needs love and understanding. He shall, wherever possible, grow up in the care and under the responsibility of his parents, and, in any case, in an atmosphere of affection and of moral and material security; a child of tender years shall not, save in exceptional circumstances, be separated from his mother. Society and the public authorities shall have the duty to extend particular care to children without a family and to those without adequate means of support. Payment of State and other assistance towards the maintenance of children of large families is desirable.

Principle 7

The child is entitled to receive education, which shall be free and compulsory, at least in the elementary stages. He shall be given an education which will promote his general culture and enable him, on a basis of equal opportunity, to develop his abilities, his individual judgement, and his sense of moral and social responsibility, and to become a useful member of society.

The best interests of the child shall be the guiding principle of those responsible for his education and guidance; that responsibility lies in the first place with his parents.

The child shall have full opportunity for play and recreation, which should be directed to the same purposes as education; society and the public authorities shall endeavour to promote the enjoyment of this right.

Principle 8

The child shall in all circumstances be among the first to receive protection and relief.

Principle 9

The child shall be protected against all forms of neglect, cruelty and exploitation. He shall not be the subject of traffic, in any form.

The child shall not be admitted to employment before an appropriate minimum age; he shall in no case be caused or permitted to engage in any occupation or employment which would prejudice his health or education, or interfere with his physical, mental or moral development.

Principle 10

The child shall be protected from practices which may foster racial, religious and any other form of discrimination. He shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, and in full consciousness that his energy and talents should be devoted to the service of his fellow men.

Let us read the underlined sentence again…. best interests of the child.

Will Continue discussing the salient points of UN Declaration in Part 3

….series continues next week.

Pic Credit: @DeepikaBhardwaj and Wiki

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