Legal Question in Family Law in India
Can I ask for visitation rights for seeing my 2.5 yrs old male child if my wife comes for counseling or is it only after divorce that I can seek visitation rights?. IT has been more than 6 months since she left with our baby.Sir, is it right whether she and her parents/relatives can prevent me from seeing the baby . They are not saying anything for settlement nor did they appear in the court in the first time. My advocate said to accept her unconditionally on that day itself when i have the counseling with her ,which I am very much willing to do so, but she never came and I do not know what happens during next counseling date. If she comes, she may be forwarding some demands for me to accept which I have to or may be saying against me where I have to defend it, Sir, Kindly reply about what to do from my part during counseling if she comes at court. Thank you Sir.
2 Answers from Attorneys
You file an Interim application for visitation rights stating that she is not attending court or counselling. You defend your case there is no restriction for visitation rights. Not necessary that divorce case should be over.
you may seek the visitation rights and if need be, seek custody of the child. you may go for visitation for the time being and better sense may prevail after a few meetings.
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