Legal Question in Family Law in India
My wife has got custody of girl child who is now 7 yrs and I have applied for visiting rights for once in 15 days from Saturday to Sunday evening. Court has fixed 20 nov as date for getting objection filed by my wife if any. 1) will her objection take away my visiting rights 2) under what circumstances court can deny visiting rights for me 3) will the court call the child to court and ask her opinion on granting visiting rights 4) if child is tutored by mother to tell in the court that she does not want to be visited, what's the next option left before me. Please give your valuable input.
2 Answers from Attorneys
1) will her objection take away my visiting rights
No merely filing of objection, cannot take away your right. It depends upon merit of the objections.
2) under what circumstances court can deny visiting rights for me
If and only if the visitation is not in the interest or welfare of the child.
3) will the court call the child to court and ask her opinion on granting visiting rights
That depends upon court to court.
4) if child is tutored by mother to tell in the court that she does not want to be visited, what's the next option left before me.
Normally, the court can see through if the child is tutored. The court basically has to see the welfare of the child. the court will never deprive the child from love and care, howsoever temporary it may be, of either parent.
If the child is intelligent enough to express herself clearly, the court will surely take into consideration her wishes as one of the important factors in determining custody. However, visitation rights are normally allowed to the other party. A decision about custody is taken keep into view the over all welfare of the child. Such orders are by very nature variable and any party may apply for change as and when there is any change in situation. Depending upon financial capacity of the parties, a request for sending the child to a boarding school may also be made.