Absolutely, the father is free to claim visitation rights.

For the aforesaid purpose, the father needs to file a petition under Gw&C Act.

Also, the fact that the consent terms are silent about visitation rights to father, he is free to approach the Fam Court and seek the said rights.

Answerd by Adv kavery Anand Bangalore.. yes sir u can file execution petition for visitation rights to meet Ur child..

Wife can't Stop u to meet Ur child.. if she is creating lots of problems then file a petition for child custody.

Pl give RATING and feedback for appreciation

Father can approach court and seek visitation rights for the child

Court would award father visitation rights

Dear Sir,

You make use of following settled law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt

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Landmark Judgement pronounced by SC dealing with guardianship & custodial and visitation rights to parents and children stuck in matrimonial disputes

In a remarkable judgment dealing with interim custody of child suffering in parent’s matrimonial disputes, visitation rights and guardianship, a 2 judge bench of Supreme Court laid down various propositions of law while awarding the interim custody till final disposal by the trial court to the mother. The bench speaking through Justice Vikramjit Sen, lays down very sharp observations and examines various definitions of a ‘guardian’, ‘visitation rights’ and tests the issue from the angle of provisions of Hindu Minority & Guardianship Act, 1956 and Guardian & Wards Act, 1890.In a custody battle between estranged parents, a minor child, who has not completed five years of age, shall be allowed to remain with the mother, the Supreme Court has ruled saying that in such cases child should not treated as a "chattel". The court said that under Hindu Minority and Guardianship (HMG) Act, a father can be guardian of the property of the minor child but not the guardian of his person if the child is less than five years old.

The Court said that there can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of the parents which have to be enforced; the child is not a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is the focal point for consideration. Parliament rightly thinks that the custody of a child less than five years of age should ordinarily be with the mother and this expectation can be deviated from only for strong reasons.

http://www.hrln.org/hrln/child-rights/pils-a-cases/1685-landmark-judgment-pronounced-by-sc-dealing-with-guardianship-a-custodial-and-visitation-rights-to-parents-and-children-stuck-in-matrimonial-disputes.html

CHILD RIGHTS COMMISSION ACT 2006

http://www.kscpcr.com/eng_ver/actsandrules.php

The Karnataka State Commission for Protection of Child Rights (KSCPCR)

4TH FLOOR, KRISHI BHAVAN, RANI CHENAMMA CIRCLE

NRUPATHUNGA ROAD, BANGALORE-

Such Commissions are situated in Every State

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Bombay High Court

Forum For Fairness In Education An ... vs Union Of India And 2 Ors on 2 May, 2016

Bench: A.S. Oka

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

PUBLIC INTEREST LITIGATION NO. 84 OF 2013

Forum for Fairness in Education An NGO,

Vs

Union of India and Others. .. Respondents

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5 Before we deal with the constitution of a State Commission, it will be necessary to make a reference to the functions and powers of the State Commission. Section 24 provides that the provisions of Sub-section (1) of Sections 13 and Sections 14 and 15 which are applicable to the National Commission are also applicable to a State Commission. Sub-section (1) of Section 13 of the said Act reads thus:

1. No legal rights can be waived even by making private contract between the parties.

2. Right of visitation is valuable legal rights of the parent and it is essential for proper grooming of the child as well.

3. SO even if you would have waived this visitation rights then also could have filed a suit for custody of the child had it been necessary for the welfare of the child which alone is the Paramount consideration of the court.

4. In a nutshell go ahead with filing of the suit you are willing to file. Forget the terms of the MCD.It has no value in this circumstance.

Hello,

Yes the same can be filed.

Welfare of the child is of paramount importance and by virtue of divorce the husband does not loses his right of being the biological father.

He always has the right to know that whether the upbringing is being done in the right manner or not.

Yes the case can be filed.

Regards

Dear,

Yes you can,

If she stops you then file petition in family court for visitation right.

Court will give order in your favor.

Please be aware that father is the natural guardian for child more than 5 years of age even if the child is in the custody of mother

Father by way of petition in the family court may I ask for the custody of the child or the visitation of the child is his right.

Yes. you have to make application to court regarding same.

As per law if the child's age is less than 5 years, the mother can claim for physical custody and father can have a visitation rights. But after the child has crossed the age of 5 years, the physical custody and up bring of the child will be considered by the court.

so you can file a petition for custody of your son.

The father can apply for visitation rights.

If the divorce decree do not state that the child custody shall be with the mother alone, then the father can apply for child custody also