Legal Question in Family Law in India

overnite access not to be given his father

I filed for divorce petition. My son is 4yr old. My son is used against me

for harassing me and torturing me by my husband and in-laws during the

course of my marriage also now during the access time. He asks my son abt my

whereabouts. He is actually not affectionate to the son, but the very fact

that I am very attached he uses him to bad mouth about me to him. During the

Access period also he very cunningly bothers my son that the councellor in

the children premises are not aware of the same. On what ground can I stop

his overnight access and can limit to only supervisory access of the child.

Will the court still allow for overnight stay if my son has refused to go to

the father?


Asked on 11/28/07, 1:26 am

10 Answers from Attorneys

Re: overnite access not to be given his father

Apply to court for appropriate direction in this regard.Contact with details.Professional charges are applicable.

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Answered on 11/28/07, 8:41 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: overnite access not to be given his father

As the son is 4yrs old you can get his custody by applying in the court and proving special circumstances to stop the father from meeting him.

However the final discretion lies in the court.

pl feel free to contact me for more queries.

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Answered on 11/28/07, 9:50 pm
vimal shanthilal Vimal Law Associates

Re: overnite access not to be given his father

your question needs to be more clear. However if you are able to establish that the parmount interest of the child is best in you costedy,u may apply for the custody of the child since the child is 4years old .

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Answered on 11/29/07, 12:12 am
Amit Shukla AS and Associates Legal Services

Re: overnite access not to be given his father

Pls contact personally.

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Answered on 12/01/07, 9:30 am
Amit Shukla AS and Associates Legal Services

Re: overnite access not to be given his father

Pls contact personally.

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Answered on 12/01/07, 9:31 am
Nandita Haldipur Haldipur Associates

Re: overnite access not to be given his father

you can seek modifiation of the order if fathers acess is against childs welfare but u need to expalin teh special circumstances

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Answered on 11/30/07, 9:20 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: overnite access not to be given his father

in case meeting the father is not in accordance with welfare of the child, the father may even be restrained from meeting the child but for that u need to explain special circumstances and a detailed post is required. u may also call upon me at 9811284735, delhi

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Answered on 11/28/07, 2:33 am
G. M. Gupta gmguptaandassociates

Re: overnite access not to be given his father

already replied

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Answered on 12/07/07, 9:13 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: overnite access not to be given his father

Please send me few more facts and a detailed post at my postal address.

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Answered on 11/28/07, 3:32 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: overnite access not to be given his father

You need to inform the custody court of all these happenings and make a request to secure appropriate orders restraining your husband from meeting your son alone.

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Answered on 11/28/07, 12:22 pm


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