• Can the court give order to see 5 years daughter alone

Hello,
Last time I asked How long will it take for interim maintenance. Finally my lawyer had told arguments. But the opposite lawyer in the last asked that my husband wants to meet our daughter on saturday & sunday. I told i have no problem but I will not send alone. My daughter is just 5 years. And also once my husband has closed me & my 5 years daughter in his own office and went away. I called helpline and police came and opened and took us out and called my husband and took to police station and treated him little badly. But i stopped  them. But we did not register any case. Now will the court order that my husband can meet daughter alone with out me. I am ok if he meets , but I don't want to send alone. Can anyone tell me what to do for this.
Asked 2 years ago in Family Law from Pune, Maharashtra
Religion: Hindu
1)since the child is just 5 years old court may consider your request and not permit your husband to meet child alone. 

2) you can  draw attention of court to your husband past behaviour wherein he locked you and child in his office and left . 

3) court after considering said aspect may permit your husband to have visitation rights during weekends in presence of any family member
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Yes, you can tell the court about his past behaviour and apprehension of any such incidence again if he meet alone as the child is only 5 years of age.He may be allowed for visitation rights in presence of any family member but not alone.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. You should have immediately inform the police about this incident.
2. I do not think it would be wise to leave the child alone with your husband in this situation.
3. Ask the court to modify the order so he meets the child in your presence.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
1. The court has the authority to allow your husband to take the child out alone on Saturday morning and entrust him back to you on Sunday evening. I have myself appeared in many cases where such an arrangement was given by the court.

2. If you fear that your husband may not return the child to you if he is allowed to take her out alone then voice your concern before the court.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. Has the opposite side lawyer asked you for your husband's visit or has prayed before the Court for order for allowing your husband to neet his daughter?

2. If any such petition has been filed, your lawyer should srtictly put condition that the said visit shold be in your presence or in presence of police because of his earlier violent act against your daughter,

3. Visiting your 5 years old daughter is not suggested. If the Court has already passed such order, fole an application to modify the said order accordingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. First thing you could have filed a petition before the police on the illegal detention of you and ur child.
2. Now you can bring that to the  notice of the court regarding the safety and security of the child and you can seek an direction from the court to visit the child in a child protection centre or in the Legal Aid Centre.
A. Maria Stephen
Advocate, Kanyakumari
17 Answers
0 Consultations
5.0 on 5.0
Dear Querist
without filing a child custody case or without filing the application for custody under Hindu Adoption and maintenance case he is not entitle to get any relief from the court, even otherwise also, as per section 12(2) of the Guardian And Wards Act.
12. Power to make interlocutory order for production of minor and interim protection of person and property 
(1) The court may direct that the person, if any, having the custody of the minor, shall produce him or cause him to be produced at such place and time and before such person as it appoints, and may make such order for the temporary custody and protection of the person or property of the minor as it thinks proper. 
(2) If the minor is a female who ought not to be compelled to appear in public, the direction under sub-section (1) for her production shall require her to be produced in accordance with the customs and manners of the country. 
(3) Nothing in this sections shall authorise- 
(a) the court to place a female minor in the temporary custody of a person claiming to be her guardian on the ground of his being her husband, unless she is already in his custody with the consent of her parents, if any, or 
(b) any person to whom the temporary custody and protection of the property of a minor is entrusted to dispossess otherwise than by due course of law any person in possession of any of the property.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1)you should not object to grant of visitation rights to father 

2) child needs both father and mother for his overall development 

3) just insist that some relative remain present when ever he meets your daughter
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. You did not mention what the Judge had said when your husband verbally prayed for direction for his child visitation,

2. In such cases, the Judge asks the Husband to file a petition to this  effect,

3. When the said petition if filed by your husband under copy to you, yo should file an objection for such prayer on the ground you mentioned earlier.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. If your husband asked for visitation then the judge would have asked him to file a petition to this effect. An oral request will not be considered. 

2. As and when the petition is filed by him you can oppose it by filing your reply. 

3. Visitation will be granted by the court. The only uncertainty is with regard to the frequency of visitation.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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