How to get Visitation Rights if I am living separately from my wife

26-Apr-2023 (In Child Custody Law)
Hello, Staying seperately from my wife for last months in Gurgaon. Awaiting to complete one year before filing for divorce. In the interim, would like to know, what's the process to get the permission to visit my kids? Thanks.
Answers (2)

Answer #1
537 votes
You will file a case of child custody under the Guardians and Wards Act 1890. It is better choice in this matter. You will forward an application to Child Protection Officer in concerned city etc . Gurugram
Answer #2
824 votes
One year separation required only if the joint petition for divorce has to be filed by both parties, otherwise if one of the party want to file for divorce on the ground of cruelty, no waiting for one year required, that can be done anytime. Along with the petition for divorce the interim application for child custody and visitation can be moved by the husband that Family Court will allow visitation for the child for the father.
Otherwise if the husband is not thinking for divorce to be filled immediately, the Petition for child custody and interim application for visitation during pendency of main petition for custody can be moved by the father under the Guardians & Wards Act,1890 and get order for child visitation from the Family Court.

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 and has been responded by one of the Divorce Lawyers at to address the specific facts and details.

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