• Access to father

I have applied for divorce case at mumbai. Now the case is related to access to be given to father. I am staying with my child from last 5 years away from her father. He didn't bother for my child nor giving her any maintenance and alimony. Now he want access. My child is not ready to go nor she is interested to meet her father. In this case, if the court permit the order to go and meet her father and if she denied or not ready to meet then what I supposed to do.
Asked 2 years ago in Family Law from Navi Mumbai, Maharashtra
Religion: Hindu
Hi, under normal circumstance court will allow the father to access his child but in your case if the child does not wish to go then he can't force  and probably court will order for weekend or 15 days once and you must obey the order and keep the child present but if the child is refused to go it is not in your hand and he can't force the child.
2. You may challenge the order by filling  appeal to the high court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) father is natural guardian of child 

2)court will grant visitation rights to father 

3) you  have to comply with court orders 

4)you can in your divorce petition seek maintenance from your husband for the child 

5) if you are not working court would   award you maintenance too 

6) if child refuses to meet father court will direct you to produce the child and try to ascertain why she does not want to meet her father 

7) welfare of child is paramount consideration
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
hi,
 if the child refuse to meet the father nothing can be done, neither he nor the court can force to execute the order. If he obtains an order from the court, and the child does not wish to meet its father and if she is above 10 or more she can understand and also give her opinion of her apprehension, court cannot force the order to be executed.in case the child is asked to appear before the court for an interview with the court, the child can say that it does not wish to meet the father.
since he being the natural guardian court will allow if he asked visitation.
you do not have to go to high court with it as it is not going to have any implication unless a custody has been filed.You should also mention in the court that he has not paid anything for the maintenance for the child.
see whether he agrees for a mutual consent divorce otherwise ask your advocate to speed up the matter in the divorce court
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
if you are divorced already and there is a clear arrangement in the decree that the custody and visitation rights shall not be claimed by the father, it is well and good, but in case he seeks visitation rights and the same has not been discussed earlier the court will definitely delve in to the issue that the child is unwilling to meet the father. in case the court still chooses to grant visitation rights, you can challenge the judgment by way of appeal. 
the father being the natural guardian cannot be normally prevented from meeting his child, but the court does consider the age and willingness of the child to the arrangement.
best of luck
Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
5.0 on 5.0
1. In order to get the custody of your child you have to file a case for child custody. 
Child custody cases are governed by the paramount consideration of welfare of child which outweighs all other considerations.  

2. As and when you apply for the custody of your child the court will issue a notice to the father to enable him to contest your case. 

3. Father will get visitation rights for sure if not custody. 

4. The order of the court shall have to be obeyed.

5. Your daughter is only 5 years old. If she refuses to meet her father the court will order her production in the court and can notwithstanding her refusal allow her father to meet her and take her out. If you are aggrieved by the order of the court then you may challenge it in the High Court.

6. Father is bound to maintain his daughter. Your daughter will get maintenance if you apply for it on her behalf. Your maintenance claim may also survive if you are not earning.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Your husband has got the said visitation right as per the Order of the Court,

2. You shall have to comply with the order without any resistane, either actively or passively,

3. If he hgas avoided payment of maintenance, it should have been told before the Court who passed the visitation order,

4. You can file a maintenance petition for your daughter and also for you, if you are not empoyed,

5. If you refuse his visitation right saying that your daughter is refusing to meet him, Court will order you to place her before the Court to enquire in to the matter.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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