Legal Question in Family Law in India
My wife is staying with her parents since 2002 alongwith my daughter. I used to send her money and at the same time visit at intervals.
In year 2007 she applied for divorce which was made exparte in 2008.
No notices were served to me by the Ranchi Family Court. I came to know about the fact recently.
Now I wish to apply for a visitation rights for my minor daughter.
I had been asked to get the certified copy of the Judgement and then file the case of visitation from the place my daughter lives.
Kindly let me know how much time will the process take and other advise benificial to me. My daughter is still a minor DOB Oct 1995.
Thanks in advance,
3 Answers from Attorneys
I have few questions to ask you before i give you my legal advice. 1) Why your wife has been living separately from you since 2002 ? What steps have you taken to see/meet your daughter since then ? How much money you use to send ? were you sending on a regular basis ie. weekly, monthly or half yearly etc. Where do you stay and do for living ? Is your ex-wife working ? if yes where and how much is she earning ? Get back with these answers before i give you my legal advice.
if u want u can challenge the exparte divorce order
rest if u want to go just for custody of child than what time it will take that can not be assured
also read the judgement first may they have given the custody of child to the mother
if this culd be the case than u have to challenge that order through appeal
i agree with Adv Vishnoi