Wife is bound to comply with court orders granting you visitation rights 

2) you can issue her legal notice if she refuses to comply with court orders 

3)draw attention of court to wilful non compliance of court orders by your wife 

4) take out contempt of court proceedings 

Your wife cannot cancel court-ordered visitation rights.

Immediate Actions:

File execution petition - For court enforcement with police help

Document violations - Record all threats and interference incidents

Contempt proceedings - For willful disobedience of court orders

Court Powers:

• Enforce visitation with police assistance

• Impose penalties/fines for violations

• Modify custody in favor of compliant parent

Bottom line: Court orders are binding until modified by the same court. Your consistent compliance strengthens your position significantly.

Dear Client 

Since you already have a valid visitation order, your wife cannot legally deny or cancel your access to your daughter, and if she creates obstacles or refuses to comply, your immediate remedy apart from contempt is to file an execution petition or an interlocutory application in the pending GWOP asking the court to enforce and regulate visitation more strictly (such as fixed timings, directions to cooperate, or even supervised exchanges if needed), so that your rights as a father are protected while ensuring your daughter’s welfare remains the paramount consideration.

I hope this answer helps. For any further queries please do not hesitate to contact us. Thank you 

Your wife cannot legally cancel or alter a court-ordered visitation schedule on her own.
If she refuses to comply, she is in violation of the court’s order.
If your wife does not bring your child to the scheduled visits or consistently delays or shortens your visitation, or prevents you from reasonably interacting with your daughter, then you can resort to legal action by filing an Execution Petition (EP) under Order 21 CPC read with the relevant provisions, apart from filing contempt of court petition.
If the court observes her non-cooperation and hostile attitude, you may understand that this will strengthen your case for custody or enhanced visitation.

You may bring her this behavior to the knowledge of the court concerned in writing by filing a petition or memo. 

She can’t cancel the visitation rights without court order if she does you can approach court against her

She can do that but that will be infringement of order of Court. You can bring this to the notice of Court. This will help you in GWOP  file by you. On the  basis of her conduct, Court will grant you custody. At the  kid is seven years old you are entitled to full custody of the  

In the circumstances, filing a contempt petition is the best course to ensure compliance with the court order. However, it is a delicate matter. As the child is a girl, courts generally tend to grant custody to the mother permanently. To press your case, you must have strong and accepatble evidence to prove that your wife wilfully disobeyed the court's order. On the other hand, your wife may try to prove the adverse state of your child's health for denying you visiting her as frequently as the court ordered.

• Keep following the order diligently as you are doing.
• If your wife obstructs or denies visitation, immediately record the incident (even by reporting to court officer if visits are court-supervised).
• File an Execution Petition or IA in your GWOP for stricter enforcement, with a prayer for police aid if needed.
• As a last resort, file Contempt of Court for wilful disobedience.

Your lawyer should have suggested the way forward for such issues, however, the child's interest and welfare is of paramount importance and the child's intelligent preference shall also be taken into account before determining the custody. You have to assure your child that you will support her forever and if the child is leaning towards you, then it's all yours! Hope you understand!

G.Rajaganapathy

Advocate

High Court of Madras.

- As per law, both the parents have an equal right to the custody of a child.

- Under the Guardian and Ward Act, , the welfare of the child as the paramount importance, like ethical upbringing of the child, Safe-keeping of the child, Good education , and economic well-being of the guardian. 

- If one parent is given physical custody, then periodical interaction and visitation is given to other parent.

-  However, joint custody is also given to parents, i.e. both the parents will take care of the child turn by turn keeping the child in their custody. 

- As per the Supreme Court, for the custody of the minor, the only consideration is the welfare of the minor. 

- Since , the Court has already allowed visitation right to you, then she cannot disobey this order even on the ground of illness of the child. 

- You can move an application before the same Court for directing her to bring the child and to comply the order or to given custody to you. 

From your description, it seems you have been following a court-ordered visitation schedule for the past two years, granted as part of your restitution of conjugal rights (RCR) proceeding. Despite compliance, your wife is now threatening to deny or cancel your visitation rights, citing disagreements over communication about your daughter’s health.

Here’s the legal position and options:

1. Legal Position

Court orders are binding:
Once a court grants visitation rights, neither parent can unilaterally modify, suspend, or cancel them. This right exists independent of personal disagreements, unless the court itself changes it.

Obstruction is not permitted:
Avoiding or delaying visitation, or creating hurdles, is considered willful disobedience of a court order.

Your rights:
You are entitled to enforce visitation exactly as ordered. Asking about your daughter’s health and wellbeing is completely reasonable and part of your parental right.

1. Ways to Enforce Visitation Order

Apart from contempt proceedings, you have multiple options:

Written communication / Notice:
Send a formal notice through your lawyer citing the court order and reminding her that any obstruction is illegal. Keep all evidence of missed or delayed visits, messages, emails, or witnesses present during visits.

Court Monitoring / Modification Request:
If she continues to obstruct, you can approach the court to enforce visitation strictly or request modification of the visitation location if she keeps creating hurdles (e.g., neutral venue or court supervision).

Police / Court Assistance (if necessary):
In rare cases, the court may allow police assistance to ensure compliance with visitation, especially if your daughter’s welfare is impacted.

Contempt of Court:
Filing a contempt petition is an effective legal recourse, but can be avoided if she resumes compliance after formal notice. Contempt petitions can include past obstruction incidents and request future monitoring or stricter visitation enforcement

Practical Tips

• Document everything: Missed visits, delays, or refusals.

• Keep interactions calm: Avoid conflicts during visits; maintain professionalism.

• Seek court-supported neutral venues: If issues persist, suggest the court direct visits at a neutral location for smoother compliance.

• Health information is your right: You can request the court to order your wife to provide updates about your child’s health during or before visits.

Key Takeaways

• Your wife cannot cancel visitation unilaterally—this violates the court order.

• Enforcement can be through formal notice, court directions, or contempt petition.

• Maintaining evidence and communication logs is crucial to protect your parental rights and child’s welfare.

• Courts generally prioritize the child’s welfare and continuity of parental contact, so your adherence to the order strengthens your position.