As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be with father with visiting rights to mother. You can file a petition in family Court under Section 6 seeking visiting rights to son and also permission to take the child on weekends to your house. You will have full custody after the son reaches five years.
How to obtain access to boy child
My wife who is currently separated has filed a 498A case against me and not letting me meet or talk to the child (boy, 3years of age). 1. How can I get access to the child while the 498A case is pending against me? 2. If I have to file for custody of the boy child, what all things do I need to prepare for in the next few years to show that I'm capable of providing a good home?
Asked 4 years ago in Family Law
Religion: Other
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12 Answers
So basically I have to file a petition saying I'm the natural guardian of child under section 6 and hence I should be granted visiting rights for well-being of child? Also, does this petition need to be filed in the city where child is residing today (with his mother) or can be filed any other place also?
Asked 4 years ago
As you are seeking visiting rights to child of 3 years you need to file petition in the Family Court where the boy resides. You petition will be readily allowed.
Make application seeking joint custody of your son
Also seek interim visitation rights
It has to be filed in city wherein child is currently residing
1. You can file a child custody case and seek visitation rights to visit your child periodically as an interim relief.
2. You have to prove that you are capable of taking care of your child with the help of your mother and other relatives who are residing in your house and also your strong economic background which is paramount to the child's welfare.
In general it would be advisable to file the child custody case in the place where the child currently resides for an effective relief.
No doubt the father of the child is a natural guardian, but that alone will not entitle the father to have full custody of the child, hence you may have to rely upon all other requirements to effectively prosecute the child custody case.
You can get visiting rights if you file custody case.
A petition must be filed in the high court sttaing that she is illegally detaining your child and you have a right to meet and visit him as you are also the parent of the child.
The guardian's act petition will decide the matter in a long time.
File a petition in the high court....habeas corpus.
1. 498A case filed by your wife having no effect on the custody or visitation with the child .
2. You have to produce the evidences that you are the fit for the welfare of the boy child , which includes his caring and education as well.
- It should be filed on the place where the child is presently residing.
Dear Sir
File an application in the Court of the place where the child resides for shared custody and visitation rights.
You will also need to prove to the court that you are fit to take care of the child's needs and requirements.
Thank you
Best bet for you is to approach the High Court having requisite jurisdiction in the matter to approach with a writ of habeas corpus.
It is a fast and expeditious way to meet your child; as well as to solve the issue in finality.
