Legal Question in Family Law in India

family law

I have been separated from my wife since last 18 months and living separatley in uk. She left my 4 year son in in india with her parents.

Now As iam going to india, i would like to see my son and spend time with him while Iam there for 3 weeks as it is Xmas holidays.

Can you pls tell me,

1, as her parents are refusing, what legal modalitites available for me?

2, as Iam there only for 3 weeks, what best can be done so that I don't miss this opportunity to see my son?

3. can I Take police help?


Asked on 12/17/08, 7:15 pm

6 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: family law

you can ask for visiting rights/permission of the court

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Answered on 12/18/08, 10:00 am
Vishwa Arya Arya & Co.

Re: family law

Sir,

Your best bet is to file an application for visitation for the period you are likely to be in India. If you consider that your ex has left the child with her parents where the welfare of the child is not secure, you may file for custody also, if you so desire. Your presence is not must at the time of moving of an application. You certainly will have to seek the services of an attorney preferable local in India.

vishwa arya

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Answered on 12/18/08, 2:21 pm
Nandita Haldipur Haldipur Associates

Re: family law

you can seek visation rights for child

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Answered on 12/18/08, 11:32 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: family law

You need to take appropriate steps well in advance; the time is short; police help may not be useful. you may need an order from the guardianship court for visitation rights. anyway, since there does not seem to be any litigation pending between you and your wife, you may just visit the child in normal routine and make an attempt to meet.

Instead of police help, it may be better if you are a little extra pleasant and take with you some of their close relatives.

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Answered on 12/17/08, 9:13 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: family law

this is one matter where the jurisdiction of a police station is barred as there are other provision dealing with custody and visitation rights. the best things for you to do is, appoint an advocate here in india by sending a duly notarized power of attorney and he would file the petition for visitation rights mentioning your date of arrival in the city. you may send the complete details of date of your arrival and stay to your lawyer so that when you land here in india, the order of concerned district judge regarding your visiting your child is passed before hand and on the basis of that order, without even wasting a single day, you can meet your child. u may call me at +91 9811284735 in case you require any further assistance.

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Answered on 12/17/08, 11:35 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: family law

Hello.

I would advise you to appoint a local advocate in India.

Send him the POA in his name which is notarised so he can proceed with the petition for visitation rights. So meantime on your visit to India you can atleast meet your children.

In case of need please contact or call me.

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Answered on 12/18/08, 3:17 am


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