• Faher refusing to meet daughter

I have been separated for 5 yrs. I have a 6 yrs daughter.I had filed for divorce but still judgement is pending. The father since 5 yrs never came to meet his only daughter and despite filling for maintenance is not adhering to law.I am now requesting him to meet daughter but is refusing and threatening me that I should not bring his daughter at his home.Kindly advice
Asked 8 months ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
You can make him liable to give maintenance to his children but he cannot be made liable to meet his children. If he is not complying with the court order which has held him liable to give maintenance then you should file for execution of the court order. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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1) you cannot force father to meet the child 

2) you should file domestic violence case against husband seek right to stay in matrimonial home or alternative accommodation for yourself and the child 

3) also seek injunction restraining husband from selling the flat
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Well, if father is not willing then you can force him to do so nor you can seek legal recourse.
If maintenance is not paid you can file execution of the order of maintenance as a result of which his salary can be attached or even warrant of arrest can be issued depending on nature of the case.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
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The available remedy in front of you is seeking maintenance for your child from husband. you cannot force your husband to meet his child .Both of you have every right to visit his house. You have every liberty to seek  right to stay in matrimonial home or alternative accommodation . File a petition under  Protection of Women from Domestic Violence Act, 2005  .The primary aim of the Protection of Women from Domestic Violence Act, 2005  is to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives. The Domestic Violence Act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic and according to the law harassment by way of unlawful dowry demands to the woman or her relatives.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
I have been separated for 5 yrs. I have a 6 yrs daughter.I had filed for divorce but still judgement is pending. The father since 5 yrs never came to meet his only daughter and despite filling for maintenance is not adhering to law.I am now requesting him to meet daughter but is refusing and threatening me that I should not bring his daughter at his home.Kindly advice

Legally you cannot force him to meet your daughter.
You can force him through law to pay maintenance amount as ordered by court.
If he wants his daughter to be brought to his home, if you are so much interested in your daughter's welfare, shed your ego or any other issue take your daughter to his house, you dont enter, show him the daughter and take her back, you do it once you see he will come back on his own the next time. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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first you should take custody of this child under guardian and wards act 1890. then file a case before the high court that lower court is giving unnecessary adjournment and case is still pending.  then court shall pass an order to finalise this case in stipulated time period. then arrest warrant will be issued against him,
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0

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