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Wife not allowing to meet children. How to get their custody?
03-Mar-2023 (In Child Custody Law)
i have two children ,staying with my wife but she is not allowing me to meet with them,since two years , now i m going to file a divorce but she still dont want to let me meet with my children , so is there any right with which i can meet with my children
Yes you have right of visitation i.e. to visit your children and you can file a petition for their custody to be given to you as well.
Assuming you are Hindus
As under the the Hindu Minority and Guardianship Act, the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property in the case of a boy or unmarried girl is the father, and after him, the mother.
It is provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother.
So if your children are below the age of 5 years then it might be difficult for you to get their custody but you can always have visitation rights.
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Adv. Sudershani Ray
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