Legal Question in Family Law in India
I have filed the case under D.V Act on my husband in 2008. I gave birth to my child in 2009 in my parent's house and my son is living with me since his birth. None of us is having legal custody from court.
Now, my husband has filed the application for the right of visit in this case on the basis that i donot have legal custody and being a father he is the first gaurdian of the child.
Can court consider this application?
On what basis i can oppose the application?
3 Answers from Attorneys
Till the age of 5, children are to be in the custody of mother. However, to be on the safer side you can file an application for guardianship and obtain an order from Court, allowing your husband visitation rights only.
Kind Regards
Setu Niket
Advocate
9873109672
dear client court will not grant custody to father till the five years of age of child. but court can grant visitation rights. for any legal help call me on 9422611385
ADV PRASAD PATIL
Though till 5 years, you have right, but if till date he did not visit your house and you prove this thing before court then court can refused his application.
Regards
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