• Visitation rights

Pending Mutual separation which is in process - can a mother refuse the father to speak on phone / meet his minor child. What is the legal recourse ?
Asked 3 months ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

17 Answers

You need to obtain court orders for visitation rights for child 

Ajay Sethi
Advocate, Mumbai
94749 Answers
7540 Consultations

5.0 on 5.0

1. Since the Mutual Consent Divorce process is underway, let the mother not refuse the father to speak on phone/meet his child, otherwise it affects the Mutual Consent Divorce.

2.  The custody of child, division of assets, maintenance/alimony and any such issues can be amicably and mutually settled under Mutual Consent Divorce.

Shashidhar S. Sastry
Advocate, Bangalore
5122 Answers
314 Consultations

5.0 on 5.0

If there is no order towards the  visitation rights to the father, then the mother can refuse to allow the father to visit or talk to the minor child.

It would be better that you enter into a memorandum of understanding for child custody and visitation rights in the same mutual consent divorce petition itself. 

T Kalaiselvan
Advocate, Vellore
84948 Answers
2198 Consultations

5.0 on 5.0

No, file a habeas corpus petition in the High Court or approach the family Court with an appropriate application under the Guardians and Wards Act. Do this though a lawyer

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

apply for child custody; visitation right will order. 

Yogendra Singh Rajawat
Advocate, Jaipur
22643 Answers
31 Consultations

4.4 on 5.0

- As per law, the father being the natural guardian having his legal right to met and to talk with his minor child , and this cannot be refused 

- However, if father is having some bad habits and which may effect the child , then the father can be denied to contact with the child. 

- Further, if mother refused to allow father to talk with the child , then the father may approach the court for getting visitation right. 

Mohammed Shahzad
Advocate, Delhi
13246 Answers
198 Consultations

5.0 on 5.0

Dear client,

In India, the Guardians and Wards Act, 1890, generally governs custody cases. When it comes to a minor child's custody, both parents are equally entitled. Both parents have the right to speak and see their child if there isn't a court order limiting their ability to communicate or see them. But it's best to ask the court for clarification if there is a legal separation on the horizon. The father may petition the court for relief if the mother is restricting contact or visitation without a valid reason. In order to obtain visitation rights or the enforcement of already-existing rights, he may file a petition under the Guardians and Wards Act. When making decisions, the court will take the child's best interests into account.

 

Hope this helps you.

Anik Miu
Advocate, Bangalore
8901 Answers
110 Consultations

4.7 on 5.0

no she can’t but if she does then you can approach court for visitation rights

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

You can issue legal notice to wufe to permit visitation rights for child 

 

dont file any petition for divorce by mutual consent until issue of visitation rights is resolved 

Ajay Sethi
Advocate, Mumbai
94749 Answers
7540 Consultations

5.0 on 5.0

As you have rightly suggested, send a legal notice to the lady directing her not to put any condition for the father, as he is a natural guardian. Since the marriage is still subsisting, as on date, both father and mother shall have equal rights over the children and one spouse can't dictate terms to the other spouse.

Shashidhar S. Sastry
Advocate, Bangalore
5122 Answers
314 Consultations

5.0 on 5.0

And what are the conditions in the MCD with respect to child custody?

 

It appears that she’s blackmailing you given the fact that she’s currently having the custody of the children and wants you to agree for the MCD any how. You can definitely send a legal notice and withhold your consent for MCD until you’re given the access to meet your children.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

There is nothing wrong in issuing a legal notice to her to allow the father to visit the children and to have regular visits until the divorce case is disposed.

In the mutual consent divorce, you can also enter into a MOU towards visitation and custody arrangements.

You may not rush to sign the divorce papers yet until the matter is finalised. 

T Kalaiselvan
Advocate, Vellore
84948 Answers
2198 Consultations

5.0 on 5.0

You send a eeply to the legal notice and move to family court for visitation rights 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

- Since, she wanted divorce and due to the said reason she has sent you the draft of First motion petition to sign the same. 

- If she is not ready to allow you to visit the child , then even you can mention before the court at the time of recording of statement in the first motion , and if she not ready then you can refuse for the divorce even before the court. 

- Yes, you can send a legal notice to her after giving your conditions . 

Mohammed Shahzad
Advocate, Delhi
13246 Answers
198 Consultations

5.0 on 5.0

Dear client,

In India, you have legal remedy if your wife is preventing you from communicating with the kids during the divorce process. A lawyer can emphasize the right to access and visitation by utilizing Section 21 of the Protection of Women from Domestic Violence Act in a legal notification. Furthermore, the Hindu Marriage Act's Section 26 gives the court the authority to make temporary custody orders for children while divorce is pending. You may also refer to the Guardians and Wards Act's Section 11, which places a strong emphasis on the child's wellbeing. Keep track of any proof of communication denial so you can use it in the divorce petition as documentation.

 

Hope this helps you.

Anik Miu
Advocate, Bangalore
8901 Answers
110 Consultations

4.7 on 5.0

1. File a petition seeking your visitation right immediately.

 

2. Act based on the Order of the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

1.She can not refuse your visit to your child and is doing it apprantly being advised by her lawyer.

 

2. File a petition praying for an order allowing you to visit your child.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer