• Cruelty By Mother

Hi 

I have 4 years of son and 7 years of married life,
After 7 years of married  my wife  taken my son to her father house and does not allow me to meet my son science 6 months

My wife not allowed me to see my son and even son school authority
does not allow me to see my son,my wife family has great political influence 
family in the region

Could some body help me ,what shall i do
Asked 11 months ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
Approach the family court and ask for access to your son. Once the court will grant orders in your favour they will have to allow you to meet the child. 


Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
4.1 on 5.0
Quite possible that your wife has issued instructions to school authorities not to allow you to meet your son so its better that you approach court.

If you are desparate then take help of local police to meet your son. 


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
4.1 on 5.0
File a PETITION  UNDER SECTION 7,10,17,25  OF THE GUARDIAN AND WARDS  ACT 1890 AND SECTION 7 (1) EXPLANATION (G)  OF THE FAMILY COURT ACT for transfer the permanent custody of the child also file interim custody petition for production of child in court premises
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
1) you can fle application for joint custody of your son 

2) yiur wife cannot deny you access to the child 

3) you Would get atleast visitation rights from court for the child 

Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
When we file the case the court will send a notice to them for appearance before the court . It will take at least 2 months time. When they appear before the court the interim custody petition will consider the court. Your wife cannot deny you access to the child.Interim Custody is awarded by the Court during the pendency of the case before it. Generally, the Court awards interim custody when such an order does not affect the over all development of the child and same is in no wayprejudicial to the interest of the minor. Court tries to bring equilibrium between the husband and wife and also keeps a vigilant eye that the child should not become shuttle cock between warring spouses. While awarding interim custody, Court has power to impose certain conditions which could be deposition of passport of minor, if any and/or direct the party to deposit its own passport so that the child could not be removed from the jurisdiction of the Court.


You can opt other mediation procedure with  relatives to settle the matter amicably. May some misunderstandings ,Ego clashes leads the situation much worst.
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
You can file a case for child custody to get the custody and visitation rights to your child. No political influence will work in the court. The case of child custody is decided on the ground of welfare of child. The least you can get is visitation rights which may enable you to keep the child with you on weekends. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Unless the custody has been granted to her by the court she cannot restrain you from meeting the child. So you can attempt to meet your child in the school. An application to the school to allow access to your child can also be filed. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Proceed to file the case quickly unless delay is held against you,
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. File a Petition for direction upon your wife to allow you to visit your child,

2. Decide what do you want from this relationship now i.e. whether you want to continue to be in the marital relationship or want to terminate it,

3. If decide to terminate it, file a divorce suit against your wife on the ground of cruelty.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. Get the Court order as suggested in my earlier post,

2. If directed by the Court, your wife will be bound to bring your child to an amicably agreed place for your visitation.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. You have two options before you now,

2. One is by convincing her to allow your visit to your child, and

3. the other one is by forcing her to allow your said visitation through Court order,

4. If you fail in your out of Court step, you shall have to approach the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
you can write to school to permit them to meet your son during school timings 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
before proceeding with court  case take help of elders in resolving the dispute . ask your parents to talk to her parents 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Hi, you have to file petition under Guardian and wards act for custody and visitation right of the child. 

2. Court will order for visitation right so you can able to see your child.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Immediate option is to take help of the police authorities to meet your child. Therefater you will have to approach court for visitation rights. 


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
4.1 on 5.0
My wife not allowed me to see my son and even son school authority
does not allow me to see my son,my wife family has great political influence 
family in the region
Could some body help me ,what shall i do
If your wife is not residing with you, then you may file a child custody case under Guardians and wards act and also file an application seeking visitation rights as an interim relief till the disposal of the main case seeking custody of the child. 
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
My Wife not allowed to her house,can i meet in his school .shall i write letter 
to school authority  to allow me to see him  in school time before proceeding
to legal formality
You cannot do so especially if your wife had instructed the school authorities to not to allow you to meet your child, they cannot help you until you have a court order for meeting your child in the school premises on a a particular or stipulated time. 




Sir I have no idea ,how long it will take this matter to settle,
my wife left the house and take my son .
it is 6 months i have not seen my son.What are  the best possible options i will
try before proceeding to court .
You can rope in the elders of both the sides for a compromise settlement and amicable solution. 
If it is not working, you may personally go down a little from your standard and talk to  your wife, make compromises by reconciling the issues. 
If none of your efforts is fetching you any fruit, you may think of legal option as an alternative to solve this issue. 
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0

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