• visitation rights or custody of child.

Hi Sirs,

I got married in 2008 when I was in US. My wife became pregnant in Aug 2008, she came back to India in Nov 2008  for short term. In March 2009 because of lay off I also came back. We had baby boy in May 2009. Since marriage our relationship was not good. 

After Nov 2008, she never stayed with me. After making lot of efforts to get her back, my lawyer sent her legal notice to join me. In retaliation, she filed 498 A, domestic violence case against me and my family and also a complaint in Crime against women cell.  After 2-3 months of hearing in Cell, Cell referred us to Mediation center in Delhi and mutual settlement was held.

In Mutual settlement I had to surrender my visitation rights because my wife threatened , if I had not agreed for not having visitation rights, She will puruse the case and will make sure my whole family goes behind bars.

Current situation is, I am not married, my kid is with my ex, I dont have visitation rights. my Ex wife married again.

Can I appeal for child's custody or at least visitation rights  now ?
Please answer my question ..It would be great help.
Asked 3 years ago in Family Law from new delhi, Delhi
Religion: Hindu
Your statement of facts is silent as to whether you have divorced or not. What do you mean by 'mutual settlement'? Have you divorced by filing a joint petition on the basis of mutual consent?
Ashish Davessar
Advocate, Jaipur
19256 Answers
486 Consultations
5.0 on 5.0
from the facts narrated by you it appears that consent terms were filed in court and divorce by mutual consent granted . as per consent terms you had surrendered visitation rights . 

your ex wife has remarried . you can apply to court for visitation rights . as a father you cant be denied visitation rights . even if you had agreed as per consent terms not to claim visitation rights still court will grant you visitation rights
Ajay Sethi
Advocate, Mumbai
26202 Answers
1423 Consultations
5.0 on 5.0
you can definitely claim visitation rights,it is totally inhumane that a father is not allowed to meet his son.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
plz clearify whether your divorce was granted by court or not. in any case u can claim visitation rights
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
as replied earlier
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
you still can have visitation rights
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
you make  application to court . you may get it in 6 months time . fees would depend upon lawyer you engage
Ajay Sethi
Advocate, Mumbai
26202 Answers
1423 Consultations
5.0 on 5.0
Visitation rights cannot be denied even if you have given them up. Move court for visitation as early as possible if you want it.
Ashish Davessar
Advocate, Jaipur
19256 Answers
486 Consultations
5.0 on 5.0
Visitation may be given within 4-6 months, whereas the amount of money to be consumed will be the fees of your lawyer which he alone can decide.
Ashish Davessar
Advocate, Jaipur
19256 Answers
486 Consultations
5.0 on 5.0
around 6 months and money depends upon advocate to advocate
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
around 4 to 6 months. fees depend upon lawyer to lawyer
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
Dear Querist
you should filed a guardianship petition under section 25 of Guardian and wards act with interim application u/s 12 of GWA before district court. it is your right to visit your son and the court may consider that you are father of child so you may grant visitation right.
the money is depend on the advocate and minimum time will be 3-6 months.
feel free to call
Nadeem Qureshi
Advocate, New Delhi
3731 Answers
140 Consultations
4.9 on 5.0
The welfare of child is of paramount consideration before the courts while deciding the guardianship and custody rights. In your case since your ex-wife is remarried, the welfare of your child is jeopardised. You can  file a petition for custody and guardianship of child if you don't want to keep yourself restricted on visiting rights.
H. S. Thukral
Advocate, New Delhi
526 Answers
137 Consultations
5.0 on 5.0

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