• Visitation rights for NRI

Hi, 

Details: 
Mine: 36yrs, Indian citizen. Working in China.
My wife: 34yrs, Indian citizen. Working in India (Noida - UP)
My son: 5.5 yrs. Indian citizen. Staying with his mother in Noida. 

My wife and I are separated for last 3 years.

I would like to understand what visitation rights can I expect if I file an application under GWA. 
Example, can I get permission for video/audio calls (and frequency), can child stay with me during vacations. 

Thanks, Ravi
Asked 4 years ago in Family Law
Religion: Hindu

4 answers received in 10 minutes.

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17 Answers

Parent Who Is Denied Custody Shall Have Right To Talk To Child Everyday.

If you will apply for child custody, above right may grant by court and partial custody on vacations.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Yes you can get both of the above. You can even try joint custody

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Yes, you can apply for visitation rights under GWA.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

You can seek access to your son through video calls every week 

2) court can grant you daily access for 15 minutes or so 

 

3) you can seek joint custody of your child 

 

4) that child be permitted to stay with you during his summer vacations 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. Visitation rights can be of any frequency. Effective visitation rights include the right to keep the child on weekends and also during holidays, but ordinarily such orders are passed only by the High Court and Supreme Court when orders granting restrictive visitation rights are challenged.

2. Since you are residing in China the visitation rights may be granted only in the form of contact rights wherein you can speak to child daily through video conferencing. You may also be allowed to keep the child with you for a specified duration of time when you visit India.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Staying of child child you MIGHT not be permitted by court but yes meeting your child on regular terms is possible

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. Since you stay in abroad the court s likely to grant regular visitation through video conferencing only.

2 As regards physical visitation you can seek period meeting when ever you visit India.

3. In the matter of visitation the courts are mostly liberal and does not stand in the way of regular interaction between the child and the parent. 

4. The number of such interactions are more when the meeting is done through virtual means. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Dear Sir,

When you file the GWA petition, you may mention all the relief you wish.   

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Dear querist, 

This can be done mutually first. You can send a legal notice to your wife, for visitation rights and proposing terms to which she can agree once she receive the notice.

You can expect audio/video calls, 1 month stay with you and since your child is 5 years old his consent  and wish will be asked. 

In case this fails, you can apply for visitation rights or even custody of the child under section 6 of the Hindu minority and guardianship act. 

You can contact me for consultation or on linkedin, in case you need my assistance. 

https://www.linkedin.com/in/yuganshu-sharma-655091183/

 

Regards, 

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

You first file a child custody case. 

In that case you file an application seeking visitation rights as an interim relief. 

You can mention the background facts and make out a schedule for visitation rights. 

You can ask for video conferencing calls and also to be with your child during your visits on vacation to India in the application for visitation rights. 

Let the court decide after hearing both the sides. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Court permits visitation rights to father during week end / holiday i.e., for about 3 to 6 hours.

Since you are in China, the above option is not available to you.

Yes you can opt for VC / Audio Call and the frequency could be  from half hour to one hour.

You can pray for joint custody of child, and that, the welfare of the child is of paramount importance than rights of parents.

Yes you can take the child during summer vacation, you need to make application with regard to same and obtain orders to that effect.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. You can file a custody petition in same you may pray for permission from court for call / video call permission to.your child further you may also pray for visitation when you are in India and vacation rights.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hi 

1) Yes, courts will grant you visitation and parenting  rights through video/audio calls given that you are residing in China. 

2) With reference to granting physical access and travel permissions for the child to travel and visit you at China, you need to impress upon the court that the child will return back to India after vacations by way of providing undertaking  letter.

In such cases, we undertake to the court the following

a) An apositlled undertaking by father through Indian embassy that he shall return the child upon vacation.

b) Production of child in Indian embassy periodically during the stay overseas.

Courts, in special cases will permit the travel of children subject to above conditions. 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

- As per law, both the parents have an equal right to the custody of a child.

- Under the Guardian and Ward Act, , the welfare of the child as the paramount importance, like ethical upbringing of the child, Safe-keeping of the child, Good education , and economic well-being of the guardian. 

- If one parent is given physical custody , then periodical interaction and visitation is given to other parent.

-  However, joint custody is also given to parents , i.e. both the parents will take care of the child turn by turn keeping the child in their custody

- As per the Supreme Court, for the custody of the minor , the only consideration is the welfare of the minor. 

- Under Hindu law, A mother usually gets custody of the minor child, under the age of 5 and fathers get custody of older boys, but it is not a strict rule and is primarily decided based on the child’s interests.

- The choice of a child above the age of nine is considered, and further a mother who is proven to neglect or ill-treat the child is not given custody.
- Hence, legally you can claim for joint custody under the Guardian and Ward Act. 

- It means , when you will be out of India , then she will have custody of son , and then your turn will come ,if you are in India. 

- Yes, you can get permission for video/audio call , and the stay during vacations as well. 

- Legally , being the father of the son , nobody can hijack your right over him . 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

You can file RCR to get your wife back and for the meeting rights, you file a petition for custody and visitation rights of your son. Even if your wife is not interested to come back, you will definitely get visitation / custody of your child.

In the matter of Venkatesh Srinivasa Rao and Ors vs. Union of India , Court stated that the petitioners have prayed for daily electronic access in the form of minimum one ­hour video call be facilitated between the child and non­-custodial parents who have already been granted visitation rights by any competent court.

Bench held it is not permissible to issue an encompassing guidelines on the said subject.

Petitioner Counsel in the case himself conceded in that, whenever the parties are mutually agreeable, they can always arrange for an electronic interaction and if there is resistance, they will have to approach the concerned Family Court for the purpose.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Firstly It will depend on the prayer clause which you mention in your petition and application for interim relief.

2. Secondly it will be discretion of court that what relief they give you depending on the merits of case.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Hii greetings of the day.

 

You can file for custody in the same application you can ask for visitation or meeting a child. May be custody will not be given to you as the child is small and staying with mother since birth ...your case is week. ..but for sure as an bilogical father you will get the visitation rights to meet your child.

 

All the best

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

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