• Visitation

Hi, I have filed for restitution 7 months ago. My wife stopped showing my daughter who is 5 year old even after verbal instruction from the judge. I had filed an Interim petition to visit my daughter. They have filed a counter with false allegations against me with no proof. The arguments were done on my side and they dint turn up twice for their part of the enquiry. The matter is been pending for a month now. What will be the next action if they don’t turn up for enquiry? I have asked for visitation on weekends between 10-5 and for talking over phone on weekdays during the evening. I want to know what will this be permitted or will there be any other permissions.
Asked 3 months ago in Family Law
Religion: Hindu

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9 Answers

Filing 9f restitution is a wastage of time and money as court cannot force wife to l8ve with husband against her wishes. So file divorce case. Court can allow you to meet with child on regular basis and even can allow you to share holidays. Represent your case properly with help and guidance of a competent lawyer. 

Siddharth Srivastava
Advocate, Delhi
1179 Answers

5.0 on 5.0

You can insist before court on the next date if she is not appearing, to pass an order as prayed for.

The court will consider the petition averments and the content of counter and may pass orders on merits. 

T Kalaiselvan
Advocate, Vellore
83704 Answers
2057 Consultations

5.0 on 5.0

She needs to give you visitation else court will pass directions in the petition against her

Prashant Nayak
Advocate, Mumbai
31071 Answers
162 Consultations

4.1 on 5.0

If wife does not appear in person or through lawyer for 3 dates court can pass exparte orders 


you would be allowed to talk to your daughter during weekdays and allowed visitation for 2 hours on a weekend 

Ajay Sethi
Advocate, Mumbai
93506 Answers
7253 Consultations

5.0 on 5.0

The next action if your wife does not turn up for the enquiry will depend on the judge in your case. The judge may issue a warrant for her arrest, or they may simply dismiss her counter-petition. It is also possible that the judge will order a fresh enquiry, or that they will make a decision based on the evidence that has already been presented.

Regarding your request for visitation, the judge will likely consider a number of factors, including the age of your daughter, the reasons for your separation, and the allegations that have been made against you. It is possible that the judge will grant you visitation rights, but they may also impose restrictions, such as supervised visitation.

All of these depends upon number of factors.

Akshit Aggarwal
Advocate, Delhi
52 Answers

5.0 on 5.0

- If she is not appearing before the Court then you can mention before the court for passing an ex-parete order against her 

- Further, if order for interim visitation right already passed by the court , and court allowed you to talk with daughter , then upon her refusal for the same , you can file a contempt petition before the same court.

Mohammed Shahzad
Advocate, Delhi
12521 Answers
172 Consultations

5.0 on 5.0

In consultation with your lawyer, file a contempt petition on the grounds that the oral orders of the judge granting you visitation rights were not complied with.

Swaminathan Neelakantan
Advocate, Coimbatore
2710 Answers
20 Consultations

4.9 on 5.0

Insist for an ex parte order, visitation, and talking on the phone is your right, but duration , frequency, etc. subject to the discretion of the Court 

Gaurav Ahuja
Advocate, Faridabad
58 Answers

Not rated

Dear client

In your case, where you have filed for restitution of conjugal rights and have also sought interim visitation rights to see your daughter, here are some possible steps and considerations:

Non-Compliance with Court Orders: If your wife and her legal counsel have not complied with court orders or have failed to appear for the enquiry, it is essential to document these instances. Courts generally take a dim view of parties not adhering to court orders.

Contempt of Court: You can discuss with your attorney the possibility of filing a contempt of court petition against your wife for not following the judge's verbal instructions regarding visitation rights.

Evaluation of Counter Allegations: Courts will typically evaluate the evidence and arguments presented by both parties when deciding visitation rights. If your wife has made false allegations against you, your attorney should work on providing evidence to refute these allegations.

Mediation: In some cases, the court may encourage or order mediation to resolve issues related to visitation rights. Mediation can help both parties reach an agreement on visitation schedules and other matters related to the child's welfare.

Best Interests of the Child: In India, the primary consideration in matters of child custody and visitation is the best interests of the child. The court will make decisions based on what it deems to be in the child's best interests, including the child's emotional and physical well-being.

Visitation Schedule: The court may decide on a visitation schedule based on the circumstances and the child's needs. The court may also consider factors like the child's age, school schedule, and any other relevant factors.

Communication: The court may permit phone conversations between you and your daughter during specific times on weekdays. The court may also determine whether the visitation should occur during weekends or other specified times

Anik Miu
Advocate, Bangalore
8095 Answers
97 Consultations

5.0 on 5.0

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