• Custody of child

Hi. 
Me and my wife are currently in seperation for nearly 2 years now and as per them there is a divorce filed but no papers received from court. I was staying abroad and due to regular fights n differences she went to her parents home. I have a daughter of 9years old. My wife is earning and taking care of her and doesn't allow me to do anything even to buy a small toy. I wanted to meet my daughter and always there is an issue and some excuse is given for not letting her come with me. I agreed OK she has school on Sundays she can spend time with me. Now sundays also there are some excuses and I understand my daughter being brain washed against me. All I want to know what are the legal ways that I can meet my daughter without any hassle till court order comes on custody and other things..
Asked 8 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

You can file an application for custody under the Guardianship and Wards Act and as an interim relief you can pray for visitations right, which will be given by the Court. This case is filed in the city where the ward (child) is residing.

That is the best legal option available with you to meet your child.

Regards

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

The case will not be filed in the court where you are residing but will be filed in the court where the ward resides. Please tell me where the ward is residing

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

1) file application before family court seeking joint custody of your daughter

2) court would award you visitation rights

3) your wife cannot deny you visitation rights for your daughter

Ajay Sethi
Advocate, Mumbai
98432 Answers
8006 Consultations

legal fees vary depending upon lawyer engaged by you

2) number of lawyers on this website from Delhi contact any of them

3) you should get interim orders awarding you visitation rights in 6 months or so

Ajay Sethi
Advocate, Mumbai
98432 Answers
8006 Consultations

You should file a suit under guardians and wards act for the custody of your child.

mother is the natural guardian of a girl child but she cannot refuse or prevent the access of father.

If your wife co-operates then whole procedure shall hardly take 2 months.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

You have to file a suit under guardians and wards act then the court shall issue summon to your wife for filing of written statement thereafter court shall frame substantial question between the parties.

After exchange of plaint and written statement and framing of substantial question Court Will Seek evidence from both sides.

After appreciation of evidence Court will pass a decree. If your wife cooperates in whole proceeding then Court will be able to pass decree within 2 months.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Dear Concerned,

In reference to your notes be informed that you can very well file for custody of your daughter and will 100% get visiting rights. However, getting the custody of a 9 year old girl child would be difficult unless you stay with your parents (specially mother) and can show that you can give a better life to your daughter.

Once filed, decision on visitation rights would take at least 2-3 dates.

Procedurally, you need to hire a counsel wo would prepare the matter according to the brief received from you and the case will be filed in Family court of the Jurisdiction where the child resides. Once filed, summon will be sent from Court for the next date of hearing on which your wife will have to appear.

Kindly feel free to get in touch for further discussion on your subject.

Best of Luck...Stay blessed.

Atulay Nehra
Advocate, Noida
1314 Answers
58 Consultations

If you want to have custody of yor child, you have to file a child custody case under the provisions of G & W Act.

You can also file an application in it seeking visitation rights as per your schedule/timetable mentioned in it as an interim relief till the disposal of main suit.

You may elaborate the reasons for child custody and the events that prevented your from meeting your child and your wife's harassment etc.

T Kalaiselvan
Advocate, Vellore
88636 Answers
2404 Consultations

I would like to know the procedure and charges to file this. I stay in kalkaji new delhi and saket is the nearest court. Kindly advice the complete procedure to apply this and how many days does it takes to get the rights.

The procedures to file the child custody case is to file a petition containing the descriptions of the events and the reasons for approaching the court and the reliefs and remedies sought in this.

You may file an affidavit also supporting your pleadings in the petition.

You may contact an advocate in the local who will be willing to do the needful on his terms

T Kalaiselvan
Advocate, Vellore
88636 Answers
2404 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer