• Giving up visitation rights of my daugther

Dear Sir 

My situation is as follows 

Last December my wife has filed a dowry harrasment case and followed it up with a DV case (both are in court and are being fought by thier lawyers and mine)

She filed for a divorce petition which is in mediation stages 

During mediation she has informed the mediators that she will withdraw all cases against only based on one condition -

Condition - she wants me to give up visitation rights to my daughter who is 3 years old 

My lawyers are advising me two options 

1- Pursue the case and file for visitation rights ,and fight all other cases (wgich is in and out of court for the next 2 years )

2- Or agree on her terms and come out of this mess 

My question - I dont want to give up rights to my child but i cannot stand the mental torture that my wife is giving me ,so im sitting on the fence undecided 

If i give up rights now ,can i claim after one year once things settle down ,or how do i arm twist her legally in giving me my visitation rights and 

Can my wife claim over my inherited property (including my child)
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Hindu
If you accept the proposal of your wife and relinquish your visitation rights then you cannot claim visitation subsequently. The only way to get the custody and/or visitation is by fittingly contesting the case in the court. Be brave and contest the cases if you have not committed a wrong. Your wife has no share in your inherited or self acquired property.

Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1) make an application for joint custody of the child 

2) with recent law commission report and some recent judgements courts are inclined to grant joint custody of child to both parents wherein mother gets custody for 183 days and father gets 182 days 

3) settle ultimately for visitation rights on condition that wife withdraws all false cases filed by her 

4) you have to arm twist your wife legally 

5) don't bow down to her blackmail tactics 


6) your wife had no share in your inherited property 

7) similarly your child during your lifetime has no share in your property 

8) if you die intestate she would inherit your property 
Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
5.0 on 5.0
The right to custody or visitation, once relinquished, cannot be claimed again in future unless the relinquishment is conditional. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1) you are at liberty to make application for visitation rights later 

2) as biological father you have right to visit your child 

3) welfare of child is paramount consideration 
Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
5.0 on 5.0
Peoples are changing their mind according to the situations in front of them. Never lose your rights of visitation. Once you relinquish the right, you can not be altered or claimed in future. So contest the case on merit. With out a biological father a woman is helpless to produce a child.  If the cases are false then the chance for winning is high .If you adduce the evidence properly before the court and convince the court that  the cases are false and wife make much mental cruelties on you, you can succeed. If the properties title deed is still in your name,then wife or child have no right over the property .If you died intestate with out making any will they got the right over the property.
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
Hi, once you have give up the visitation right again you can't ask for visitation right as you have agreed for give up of visitation right.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Dear Querist
It will be better to settle the matter amicably with her and accept the visitation right now.

after some time you may file a custody petition or visitation right before the court with the reason which should be in welfare of the child.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
you should compromise this case and give visitation right. mother is entitled to get custoy of child up to age of 5 years. so she can approach the court and get visitation right easily so it is good to compromise. 
Shivendra Pratap Singh
Advocate, Lucknow
2745 Answers
41 Consultations
4.9 on 5.0
Your lawyer has suggested two options, but you are in a dilemma to choose which and what?
One thing if  you understand from this that your wife is playing a blackmailing drama using your weakness for the love you have in your daughter and is trying to capitalise it by the threats of the criminal cases.
You should understand one thing that even though you may file a child custody case,the child shall not be in the custody with her father and the mother is entitled to child custody until the child attains an age of 5 years and for female child it can be more than that i.e., 7 years also depending upon the circumstances. So you may be entitled only for visitation rights until then. 
Under the given circumstances, you may also enact some drama by agreeing to her demand that you will not seek visitation rights and ask her to withdraw all her cases, even if she includes this matter that you will not seek visitation rights, at a later stage you can very well filea child custody case and seek visitation rights, let she produce the divorce case decree as evidence about your relinquishment, at that time you can very well argue that it will not be possible for a biological father to relinquish the rights he has on his daughter and this was obtained on force or coercion, the court will certainly consider your pleading that way. 


Now to your two questions:
If i give up rights now ,can i claim after one year once things settle down ,or how do i arm twist her legally in giving me my visitation rights and 
 After, she withdraws all her cases against you, silently prefer an appeal against the divorce case seeking to remove the clause of relinquishing your rights for visitation rights to your child, or you can arm twist later on also as per your design stated above. 



Can my wife claim over my inherited property (including my child):
NO.  None of hem have any rights in it. 
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
My subsequent question is i want to come out of this mess because it taking a toll on my professional career 
You can do it intelligently but follow the strategies discussed earlier.


My only question is i will give up visitation rights as of now ,but in about one year will i be in a position to file an application and ask for visitation rights (i will ask her to withdraw all cases)
Once she withdraws all the cases and you become free legally, you may enact your planned strategy, there wont be any legal handicappedness for effecting the plan. 

Ive already given my wife 35 lakhs worth of property(when we were living together) all by cheque
Secure the evidence for a future claim by her to repudiate the same. 
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0

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