Legal Question in Family Law in India
I am seperated from my husband for 6 years now. My daughter and myself were kicked out of my in laws house in Feb 2006. Thereafter my daughter and myself are living with my mother. After 5 years of seperation my husband filed a RCR case in family court in Kolkata asking for visitation. Which has been granted to him. However, my daughter now 9 years of age is not willing to meet him. I have also filed a divorce suit in 2010. Have not taken any money for child maintenance etc throughout. How do I save my daughter and myself?
2 Answers from Attorneys
your husband is the natural guardian of your daughter and has all the rights to meet the child. you cannot stop that. but your husband can seek visitation by filing a petition at the district where the daughter is staying and not where he is staying. you may seek transfer of the case to your district.