Wife not allowing to speak to my son who is staying with my in laws

In Child Custody Law
I m married and have a son 12 yrs old,my son stayed with my in-laws since childhood and now she doesn't allow to talk to my son and ask to claim him.pls help what should I do.

Answers (4)

237 votes

Dear sir,
Father is the natural guardian of his children according to the Hindu Minority and guardianship Act. Therefore You are entitled to claim custody of your child. File a custody petition before the family court seeking his/her permanent custody.

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275 votes

In such a case you have the option of filing for the custody of your son and seek visitation rights in the same petition. Court will order your wife to allow you to speak to your son, meet him, be involved in his education and other decisions. However, final advice depends on the entire facts of your case.

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You may approach the court and contest for custody of the child, even if custody will not be given later, you will definitely get a fixed schedule to meet your son, twice or once a week. And that'll be helpful.

95 votes


You can make an application under section 12 of Guardian&Wards Act 1890 and get visitation and interim custody.

Since, you have shared limited facts, this is the best solution to get interim custody/visitation rights for your child.

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