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Is a parent paying maintenance entitled to visitation rights as well


08-Nov-2023 (In Family Law)
I was given the verdict of divorce by dehradun family court. Can I apply for visitation rights now and open the case in Gurgaon since its difficult to go to dehradun and attend or follow up proceedings . I am Hindu married to Hindu. I am paying a maintenance of Rs 10000 every month to my son Account as per court order and do send gifts almost every month but is not allowed to speak to my son with whom I have attachment and even the money received no acknowledgment is made nor on receiving any gift. Whenever I ask for meeting my son I am told he is not willing to meet and scare him also . I was told that recently there was a court verdict inndelhi court if someone is paying regularly on the maintenance of his child he is entitled to visit his child.
Answers (4)

Answer #1
950 votes
Custody of child is not a rocket science it's based on love & affection where - "Wish of the child is of paramount consideration" - so, if your son wants to meet you, than nobody can stop him from it. No courts at dehradun has no jurisdiction - the court where child is residing has the jurisdiction not the court where applicant is residing.
Answer #2
508 votes
Dear Client,

your facts are not complete however as per available facts i think -

there should be some clause in the divorce decree regarding your son, like who will keep his custody and what about other party's right on visiting/meeting, if not mentioned you can file custody case which will clearly succeed on merits but in worst scenario you will definitely got visiting/meeting right.

i advise you to hire a lawyer and explicate the complete matter to him/her and only then anybody can advise you properly.

for further clarification/information you can call/meet me.
Regards.
Answer #3
616 votes
You do have the visitation rights but the petition can only be filed in the court within jurisdiction of which the child ordinarily resides and if the child is residing with her mother. then where the mother resides.
Answer #4
780 votes
yes you can apply for that in gurgaon because its a new case with different relief as well.
Thanks & regards

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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