• Child visitation right

On Dec'2014 my wife filed a divorce pettion under creultly ground. Later we have converted into mutual u/s 13b. But she denied to visit my son who under her custody. Even after 2 years, after several lok adalats, she refused my visitation right. My son didn't recongnise me as a father. .the court order for contest.

How to get my child visitation right? in the last two years i met my son only 3 or 4 times that too for five to ten minutes.?

My wife is handicapp, myself is a hearing impaired. My wife is a central government employee. Is any stipulated time to finish this case? Pls clarify
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

Dear Concerned,

If you have not filed a case for custody of your child you should do it and under the Guardian and Ward act case file for interim releif , you should be granted interim relief as visitation rights.

Your wife can not prohibit you from meeting your son but as there is an ongoing litigation better to take an order from the court.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1)you have to apply for joint custody of child

2) court would award you visitation rights

3) as biological father you are entitled to child visitation rights

4) there is no time line to finish the case but you should get interim relief in form of visitation rights on weekends , school vacations

Ajay Sethi
Advocate, Mumbai
95203 Answers
7607 Consultations

5.0 on 5.0

1. you should file a case under the guardian and wards act for visitation right.

2. court shall pass order for such right because there is no allegation that you have been reluctant about your child or committed any act which infers that your visitation can cause danger for your child. hence in absence of such fact your wife cannot object.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

If mediation efforts for this failed then you have no option than to fight it out in the court

You can put forth your arguments including the difficulties you face while you are not able to see your longing son.

Put a tough fight in the court so that she budges to pressure.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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