File application before family court and seek visitation rights for your son
2) rely upon agreement enetred into with wife wherein wife had agreed to give visitation rights for child
3) court would grant you visitation rights
Child visitation rights
As i am serving in the armed forces and will not be always present at home, as part of the mutual divorce agreement ,i gave custody of my child to the mother and also gave onetime settlement for her needs and his educational needs including property on the childs name. My child is eleven years old and studying in a boarding school. During his holidays, they are not permitting him to meet me or spend time with me as per the agreement reached on non judicial stamp paper in front of elders before the grant of mutual divorce. My son has been brainwashed to reply that since i have given custody to her ,he will not meet me and they qoute that since he is not interested in meeting me, they will not consider my request. When i try to visit him, they go out of town,knowing my arrival...please advise me as to what i should do...please
Asked 8 years ago in Family Law
Religion: Hindu
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6 Answers
Thank you sir for the quick reply. Does the agreement needs to be registered prior submission in court. There are also blank agreements in custody of the elders, which can be utilised by the aggrieved party if one of us don't honour the agreement. The agreement was that he will spend half holidays with me and half with her. Since she is a house wife, can i legally seek custody, though i have given it to her, as i plan to quit service to take care of him. I dont want him to loose out out on all defence benefits for children and am rendering all certificates for his concessions and health care. In the house which i have gifted him , i have made her as the guardian of the house in the will. Can i take back the guardianship as they seem to be misutilising the rent, but i don't have proof.What else can i do to protect him ...regards
Asked 8 years ago
Unregistered agreement would be valid
2) you can enforce agreement that son shall spend half his holidays with you
3) welfare of child is paramount consideration
4) you can revoke your will
5) contact a local lawyer
1. FORGET THE AGREEMENT. Even if there is no agreement you have your rights intact to meet your child.
2.If the terms of visitation is mentioned in the mutual divorce petition then you can file a petition to implement the terms in the same court.
3. if not then also you can file a suit for custody wherein you can claim for visitation of the child.
Hi
1) Any agreement restraining you from your visitation rights is totally null and void and no court's will ever deny you your visitation rights.
2) Also child custody is different from guardianship.
3) You have granted custody of the child to the mother as you are serving the indian army and is understandable
4) You remain the natural of the child even if the child is in the custody of the mother.
5) Please apply for visitation rights in the family court and also apply for guardianship under Hindu Minorities and Guardianship act citing your return from army and that the child is well positioned to progress in his academics and extra curricular activities and as such he is entitled to benefits accruing to him as a son of defence personnel.
y son has been brainwashed to reply that since i have given custody to her ,he will not meet me and they qoute that since he is not interested in meeting me, they will not consider my request. When i try to visit him, they go out of town,knowing my arrival...please advise me as to what i should do...please
You can file an application for visitation rights to visit your child periodically as per the schedule or time table you may express before court in the visitation rights case.
If the child custody has not been drawn in the decree of divorce then you may even apply for child custody along with the visitation rights petition before the same court in the same case.
Please remember that the notarised agreement between you and her may not be enforceable in law or court.
Any unregistered agreement is not enforceable in law.
You cannot take back the property from her if the same has been transferred by a registered document on your minor child's name and making her as guardian.
You cannot ask about the mis utilisation of the rental amount because you have no rights in the property if the same has been transferred by you.
You can file a child custody case and a visitation rights petition