Legal Question in Family Law in India

child visitation right and custody

i have been chargesheeted with 498a 406 506 in 2003 ihave a 8 yrs old daughter who is with my wife i have never visited my dauhter nor contactet her in these 5 yrs my daugter doesnt remember me i have filed an divorce petition 6 months ago can i file for visitation rights my doesnt want to rights what if my dauhter doesnt want to meet me can the court direct her to meet me ? will law allow me the custody ?


Asked on 2/05/08, 10:07 pm

2 Answers from Attorneys

Re: child visitation right and custody

Yes,you have every right to meet the child.Case between you and your wife does not effect your right.

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Answered on 2/12/08, 12:53 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: child visitation right and custody

the custody issues are adjudicated by the courts keeping into mind interests of the child.

it may not be in the interest of your daughter to meet with you at this stage.

however, you will need to establish that your visitation will be in her interest and that depriving you of visitation may harm her as also your interests.

yes, a direction can be issued by the court for a limited visitation; depending upon totality of facts and circumstances, inter alia, the placement of your wife, you may also be allowed custody.

for better informed opinion, please provide full facts. NO CHARGES.

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Answered on 2/10/08, 5:46 am


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