• Visitation rights

We have been living separetely for the last 4 years and had filed for mutual consent divorce with a financial package of 60 lakhs, 40 for mother and 20 for my son. But during the serving of the 6 month period it was known to be that my wife was deciding to leave india and get married again. She suddenly left to the US leving my son with my in-laws. I then decided to cancel the Financial package and decided to have the entire 60 in FD of my son. My wife has been earning for the last 12 years and is a senior IT consultant. I live in Bangalore and my wife stays with my son in hyderabad.

My inlaws and wife are denying me acesses to my son. I use to take care of the boy before we lived together but stopped because they were not coming to terms and the denial of money was delberately done to come to a logical conclusion.

What can i do as my son is in a state of fear when he sees me but when i spend 15 minutes with him he very well knows that he loves me but is in a state of fear, which pains me. Kindly advice what is fastest way of getting visitation rights.
Asked 1 year ago in Family Law from Hyderabad, Telangana
Religion: Hindu
1) what is the stage of divorce proceedings? has the divorce petition been dismissed? 

2) you can  make application for visitation rights of the child 

3) in the alternative seek joint custody of the child 

4) these days courts are awarding joint custody to both parents wherein mother is given custody of 183 days and father 182 days 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
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1) the court may take a year to grant you visitation rights 

2) it all depends upon pendency of cases in district court in hyderbad 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
You have to file a custody case in which you may seek visitation rights.  
If the child is getting frightened seeing you, they might have set his mind accordingly that he apprehends some danger seeing you.You may behave poltely and gradually gain confidence.
If you have deposited that amount on your son's name, who is the guardian for that money to your son?
Think and decide patiently and wisely, do not take any decision in haste.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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1. You are required to file a case for child custody to get his custody. 

2. The court decides every case of child custody on the ground of welfare of child. You stand a good chance to get custody and/or visitation if you can prove that you are better placed than your wife to look after the welfare of your boy.

3. It may take 6 months for the court to decide the issue of visitation.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Immediately file a guardian ship petition before family court for child custody under section 7/10/25 of Guardian & Wards Act and also file an interim application u/s 12 of GWA read with section 6 of Hindu Minority & Guardianship Act.

On the first date after receiving the summon the court have power to pass an order for visitation of child.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
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it is tough for you to get joint custody because fault has been committed from your side. you should file a petition for custody of child on the ground of proper care and ability to fulfill his all necessities. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0

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