• Rights to see child

My wife is living in her home town , we have child of more then 1 year but she is not allowing me to see my child . I want the court help to see my child
Asked 2 years ago in Family Law
Religion: Hindu

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18 Answers

What is the dispute? There must be some reason behind her present conduct of not allowing you to see the child.

She is your wife. SO go and talk to her to resolve the dispute. Through mutual talk and negotiations most of the disputes can be resolved amicably.

Otherwise you can file a suit for custody of the child.

Devajyoti Barman
Advocate, Kolkata
22141 Answers
331 Consultations

5.0 on 5.0

Dear Client,

File application in family court for custody of child. Child is below 5 years of age, so court will grant visitation rights.

Yogendra Singh Rajawat
Advocate, Jaipur
21427 Answers
31 Consultations

4.4 on 5.0

you can make application for visitation rights of your child 

 

court would grant you visitation rights 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

  1. File a petition in family Court for guardianship and custody rights. 
  2. Have you filed for divorce? 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1398 Answers
5 Consultations

4.4 on 5.0

Immediately file a writ before Hon'ble High Court without any delay for the purpose.

Koshal Kumar Vatsa
Advocate, Gurgaon
2273 Answers
3 Consultations

5.0 on 5.0

Dear Sir,

 

- Please clarify the state of your case i.e Divorce taken or it is just normal separation without Court decree.

- The custodial parent denies you, your right to visit the child, this will result in “frustration of visitation” and you can approach to Court on same. 

- Be informed under Hindu Minority and Guardianship Act, 1956, section 13 of the same act lays down that right of the father to be a guardian of the minor is subordinate to the welfare of the child.

- You can file petition at Family Court for visitation rights, court may pass a visitation order in favor of the noncustodial parent, establishing the visiting time and place 

- Make sure your visitation rights are explicitly stated in a document with no ambiguous terms.

 

Regards

 

Vivek Arya

 

Vivek Arya
Advocate, Gurgaon
720 Answers
6 Consultations

5.0 on 5.0

If any litigation going on between you and your wife?

If no, file suit for taking custody of child,

If yes, Pls tell about the cases 

 

Suneel Moudgil
Advocate, Panipat
2341 Answers
3 Consultations

4.7 on 5.0

You can file for custody or visitation rights. You will definitely get visitation rights in the same.

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

Approach the Court making a request for grant of interim custody and seek visitation right. 

Alternatively, you can approach the High Court by way of filing a habeas corpus writ petition/ 

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
185 Consultations

5.0 on 5.0

File for guardianship & visiting rights.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Dear Sir,

It is better, legally you can file RCR (restoration of conjugal rights) petition in the family court requesting the court to direct your wife to come to her matrimonial home.  And
you can also file custody of child petition in the family court, in that case court will immediately provide visiting rights to you.

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

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
27 Consultations

4.8 on 5.0

you can file custody of child petition in the family court, in that case court will immediately provide visiting rights to you. 

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

File a custody petition before the family court wherein your wife is residing seeking custody of child alternatively praying for visitation rights.

Also pray for interim relief of visitation.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
128 Consultations

5.0 on 5.0

1) You can file child visitation case in the court.

Ganesh Kadam
Advocate, Pune
11931 Answers
121 Consultations

4.9 on 5.0

An application for visitation must be filed in the family court and it will order to your wife. Uou must also file a section 9 application so that the court may send her back to you in case she has been living away without any cause.

Regards 

Rahul Mishra
Advocate, Lucknow
11900 Answers
26 Consultations

5.0 on 5.0

1. You have to file a petition for child custody in the court of guardianship judge to seek custody of your child.

2. The least that you will get is visitation rights.

3. The petition has to be filed in the court within whose jurisdiction the child is residing.

Ashish Davessar
Advocate, Jaipur
30308 Answers
881 Consultations

5.0 on 5.0

You can file a child custody case before the court within which jurisdiction she resides and  also file an IA seeking visitation rights to visit your child periodically as per the program you have suggested which would be an interim relief to you.

 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been denied a right which have been vested in you by law like in the same way it has been vested in mother of the child.
  2. So, now you can file a Writ of Habeaus corpus before the Hon’ble High Court seeking weel beingness of your child under article 226 of our Constitution seeking present of her/ his body (legal term) before the court and therein you can say pray for the visiting rights also.
  3. This is the better/ faster way to get your child’s visiting rights in comparison to an application seeking custody or visiting rights.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

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