Legal Question in Family Law in India
Hello Sir,
There are 3 cases are going on with my wife.
Divorce case - ( filed by me)
498-A ( filed by my wife )
DV Act ( fied by my wife )
My 3 yrs old daughter is with her and I've never met her till now as my wife was pregnant at the time she left home and these cases were filed.
Now i want to meet my daughter. but i'm not in the capacity to file case of custody.
The next date of DV act is next month.
can i request the court to give me "right to visit"
One more thing
I want to know that weather my wife is taking care of my child properly or not.
Can this court order her to get medical records of my child ( i want to check weather she has provided all the medications to the child which child under 5yrs needed)
2 Answers from Attorneys
Your second question has been answered first. Some concerns have already been addressed. Yes, you may move an application before the court seeking directions against wife asking her to file medical record of the child in court. or When you move an application for visitation, along with that you may ask for medical record of the girl child. The biggest challengle I gather from the above facts is that why did you not bother about visitation earlier. I am assuming that you did not visit the hospital when the child was born. The circumstances may not have been conducive but this could be response to your application from the other side. You should be prepared for such averments.
move an application for interim custody in your divorce petition and you may also serve interrogatories upon her regarding the well being of the child in your divorce petition itself.
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