• Custody of child

My wife went to her in laws in starting of march this month. everything was fine when she went. after few days when i tried to contact her she disconnected my calls, did not reply to the messages. i got very worried. When i asked her father reagrding this he told that she wont return unti we donot have a peacefu environment in my house. I am being constantly tortured and mentally harassed by my in- laws to provide their gir all sort of luxuries unless they will damge my social image. My daughter is having cochlear implant she needs regular speech therapy and my son s schools have already started. I am really conerned about the future of my children. Please guide what are the legal perspectives of this issue . Can i meet my kids if they are in their mothers custody ? do i have some right on them?
Asked 4 years ago in Family Law
Religion: Hindu

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14 Answers


File a case under section 9 of the HMA for restitution of conjugal rights .

You can also file a petition for the custody of your both children .There is a chance that you will get the custody .


Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

1) Yes you have total rights to meet your children on visitation. You can ask court to give visitation order of visiting to meet children once or twice in the week.

2) Or there is provision in the law if you are ready to take care of your children properly they can be kept under your custody. Here you have not mentioned age of your children.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

File a Habeus Corpus writ in High Court against your in law for keeping your wife and children against your wish and interfering in your metromonial life.

In 2 dates the issue will be sorted out

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) you can make application in family court seeking joint custody of your children

2) welfare of child is paramount consideration

3) court would award you visitation rights

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You have complete rights over kid till no parent is provided with the custody of children by any order.

Further file an application for custody of children before family court the court looking at circumstances shall give you interim custody or shall direct your wife so welfare and health of children are not effected.

Further in case of custody the court looks at many things like age of children education care also the welfare of kid is utmost so you can contest same in court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi, since the custody of your child has not been granted to her by court , you are entitled to meet and bring them back as a natural guardian .. You can also file for custody of child in court under guardians and ward act ...My personal and professional advice is that first by any means you attain physical custody of both your child and then file for custody in court ...

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Yes, you have every right to meet them, even in case they are in your wife's custody temporarily.

In no circumstances, you can be denied the right to visit and meet your children.

File a habeas corpus writ petition in the Punjab and Harryan HC against your wife and her father.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Please file a suit under G&WC act seeking custody of child. If the child is minor seek visitation rights of child in case court does not give you custody.

Also if you are willing to live with your wife file a suit for restitution of conjugal rights in jurisdiction family court under section 9 of Hindu marriage act.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You may file a child custody case against her under the Guardian and wards act along with an interim application for visitation rights before the family court where the child reside ordinarily.

Being the father of the children you have all right to visit your kids and nobody restrain or stop you for that, even on the first date of her appearance you may get visitation right.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0


You are suggested to file the cases for calling your wife back to your home and also for the custody of the children.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. Being the biological father of your children you have every right to meet the children and take measures for their welfare.

2. if you are restrained form exercising this right you can seek legal recourse by filing a custody wherein you will get visitation rights till the court finally adjucactes as to who will retain the physical custody of the children.

3. Talk to your wife to know her sudden change of heart. it may be someone is poisoning her mind which can be removed if you meet her in private and make her understand the value of united life.

4. Keep patience and do not think in terms of divorce as yet.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If there are no matrimonial dispute pending in any court, and there is no restriction from any court to meet your children, you can very well go and meet your children in her mother's place itself,/

They may refuse to allow you inside, then you may inform that you have full rights to see and talk to your children and they cannot stop you from meeting them.

If they still object then you you can inform that if at all they want to keep their daughter with them, let them do it but they cannot illegal confine the children of others.

For that matter, their daughter is your wife, they cannot keep her locked inside illegally without allowing you to meet her, if she do not want to meet you then you cannot force her.

Next step can be to file a child custody case

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You can meet your kids at your wife's place. If they are objecting you then you can file custody case in court.

Prashant Nayak
Advocate, Mumbai
27274 Answers
88 Consultations

4.4 on 5.0


If you have support at your place, you can file application for custody of children.

Talk to your parents / family members before initiating the said proceedings.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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