A habeas corpus petition should be filed in the high court for illegally detaining your child.
The court shall expedite the process wrt visitation and let you meet her.
Wife not letting me speak or meet my daughter for past 6 months
I have filed for divorce on grounds of cruelty and my wife has not allowed me to speak or meet my child. I have filed for visitation rights in family court but they are not appearing in the court due to which the case is not getting heard. Due to the current Covid situation there is no action being taken either. What can I do?
Asked 4 years ago in Family Law
Religion: Hindu
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10 Answers
Court can proceed in their absence if you have served your wife
2) request court to grant you visitation rights pending hearing and final disposal of divorce petition
Dear Sir,
During present times, you may file an urgent application to Court requesting a service by all modes i.e. email, WhatsApp, speed post and courier. If they are not appearing on these notices, request the court to proceed ex parte against them.
Dear sir,
1. You can file an application for access before the family court.
2. you can request the court for granting visitation rights before the final hearing divorce proceeding
Thank you
You have to wait for the situation to improve.
The courts do not force or compel the parties to appear before it due to covid situation, hence you have no other option than to wait or you can directly barge into their house, meet your child or even take away your child, no police complaint for kidnapping is maintainable because you are the biological father of the child hence you have equal rights on the child.
During this time the court is not hearing any matter unless advocate of both parties are present. Therefore wait till normal functioning of court res starts.
1. As soon as the Court reopens, file a put application prying for hearing your custody application.
2. Hope you have already filed an application for interim custody of your child pending disposal of your custody application.
3. If not the file it now with the put up application.
- As per law , being father you have legal right to get custody and visitation right , and she cannot refused for the same.
- If she is not appearing before the court on date of hearing , then request the court for passing ex-parte decree
- However due to covid -19 court is hearing only urgent matter and also not passing adverse order in any case.
- If , you have urgency then move an application before the said court.
1. If they are not appearing in the court then court should proceed ex parte against your wife.
2. Apply to the court to proceed ex parte against your wife.
File advance petition before the family court for hearing of interim petition for seeing the child . If the physical presence is not allowed pray it through a virtual meeting.Recently the Supreme Court of India said that if there is grievance with regard to contact through electronic means, the aggrieved party could approach the family court.
