• Visitation rights

My sister is currently undergoing divorce wherein she has prayed for permanent custody of her 1 year old child (with no specific mention of visitation right of father obviously). The petition is likely to be granted exparte since her husband does not attend hearings. Now if the divorce gets granted ex parte does the father get automatic or natural visitation right or he has to get a specific order from court for visitation right
Asked 1 year ago in Family Law from Greater Mumbai, Maharashtra
Religion: Hindu
1) father will have to move court if your sister refuses to grant the father of child visitation rights 

2) it is better your sister grants her husband visitation rights once a week atleast on Sunday's 

3) if father moves court he would be granted visitation rights 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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1) if husband refuses to comply with court orders of maintenance your sister can take execution proceedings for attachment of his property 

2) your sister can also take out contempt of court proceedings against him for wilful refusal to comply with court orders 

3) she should grant him visitation rights 

4) your sister has court orders granting her custody . Husband cannot forcibly take the child away
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Best thing is that the husband's whereabouts is not known so she can get favourable order for herself. The husband doesn't seems to be interested in the child's upbringing may be he doesn't want to give any kind of maintenance so he is avoiding to come to court. So he will not be granted visitation rights automatically. 

If in future he wants custody of the child or visitation rights he will have to make fresh application to that effect. There is great possibility that his neglect nature may go against him and the court might never grant any visitation rights. At that time you will have to contest it. 

Regds,

Adv. Payal
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
Hi, Normally court will grant visitation right to the father of the child but it has to be specifically order by the court in a divorce proceedings there is no specific order for the  custody of the child and visitation rights then aggrieved party has to approach visitation right and custody of the child under Guardian and wards act. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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Hello,
1) The visitation rights is not automatic and by default the husband does not get the right. He will need to get a court  order for the same.

2) It again depends on the decision of the wife if she wants to voluntarily allow visitation rights to her husband.

3) Joint parenting is the norm of the day. This means that the patents parting ways should not affect the child's right to be patented by both parents.

4) Unless he is contributing to maintenance of the child he cannot get any visitation rights. So if she chooses she can refuse visitation rights to him under this premise
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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1. The visitation order can be passed in favour of the father and the same has no connection with the quantum of maintenance granted by her.
2. Without the order of court do not let the child go alone with his father. he indeed can take the child away.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
Mother and father both have a prominent role to play in supporting the growth and development of their children. Custody of child, Visitation rights and Maintenances are two different issues in matrimonial law. The Supreme Court of India has consistently held that in deciding cases of child custody ‘the first and paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute.  

1.	Permanent Custody
2.	Interim Custody
3.	Visitation Right
In general, courts tend to award PHYSICAL child custody to the parent who demonstrates the most financial security, adequate parenting skills and the least disruption for the child. Both parents continue to share legal child custody until the minor has reached the age of 18 or becomes legally emancipated. Legal custody means that either parent can make decisions which affect the welfare of the child, such as medical treatments, religious practices and insurance claims. Physical child custody means that one parent is held primarily responsible for the child's housing, educational needs and food.
 In most cases, the non-custodial parent still has visitation rights.
If he has any immovable property then try for attach that property in the court of law for getting the amount of maintenance. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Now if the divorce gets granted ex parte does the father get automatic or natural visitation right or he has to get a specific order from court for visitation right
Exparte divorce decree does not give any other relief that has not been sought for by the petitioner in it. The  visitation rights should have been applied by her husband which he did not do moreover since the case is exparte he has no rights in it until he restores the divorce case and fights it on that line. 


 Can the court refuse visitation on basis non payment of maintence for child inspite of court orders and sheer neglect of child. 
Yes this also can be a ground to be considered by court while rejecting his application for visitation rights, first let him apply, before that what is your concern to this extent about it.


The child up to 5 years of age shall be in the custody of the mother hence if he is indulging in such violent act, he may be booked through police complaint.  
T Kalaiselvan
Advocate, Vellore
14057 Answers
127 Consultations
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1. There is no visitation right unless it is specifically mentioned in the judgment of the court. If there is no mention in the order of the right to visit the child it is deemed as if the court has refused to grant visitation. Her husband can though challenge the judgment in a higher court.

2. The court can refuse to grant visitation if the father has not paid maintenance despite court orders.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Without court order he is not entitle to get visitation of child by any means,

if he wants to visit the child then he has to file a child custody case before court and as per your information and his attitude the court will not allow him to visit the child now.

Feel Free to Call 
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0

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