Ask a question related to visitation right of child
03-Oct-2023 (In Divorce Law)
Actually me and my husband are living separated from last 8 months due to some issue. Our case is under woman cell. I talk to my child on phone but he don't allow me to meet him and I want to meet him. So can I get the visitation right at this stage? Please help
Yes u can file a application in the court and all for visiting the child and all u can tell the court about it and all where you have the right to request that u want to meet the Child and all u can tell the court where they will tell u the terms and conditions when’ you can meet the child
Dear Client
You cannot get visitation at Women's Cell. You need to file a petition under Guardianship and Wards Act, 1890 seeking custody/visitation of your child. The Court will ensure you get visitation rights and if your husband does not comply he will be liable to contempt. In the custody petition you can also get a settlement drafted (if your husband is willing ) and decide the terms of visitation etc. Please feel free to contact to discuss the matter at length.
You cannot get visitation at Women's Cell. You need to file a petition under Guardianship and Wards Act, 1890 seeking custody/visitation of your child. The Court will ensure you get visitation rights and if your husband does not comply he will be liable to contempt. In the custody petition you can also get a settlement drafted (if your husband is willing ) and decide the terms of visitation etc. Please feel free to contact to discuss the matter at length.
Hi,
Regarding your query.
In this particular instance, you've mentioned that the matter is with the woman's cell. At what stage is the matter at and has any domestic violence proceeding been initiated. Depending on what stage this is at, I can guide you further with your query.
However as per your given specifics at this very stage, since there is no formal order from the Court and it has not been brought to the Court's notice, the Court cannot adjudicate( pass an order) granting you visitation rights.
My suggestion would be that since you and your husband have been residing separately, and in the event that no settlement is arrived at. You can initiate Mutual Divorce Proceedings and be legally separated wherein you would be granted visitation rights to your child. A temporary order can generally be entered with the court early on by agreement or by the judge’s decision and will only establish custody and a visitation schedule in the interim until a final order is entered by the court.
Regarding your query.
In this particular instance, you've mentioned that the matter is with the woman's cell. At what stage is the matter at and has any domestic violence proceeding been initiated. Depending on what stage this is at, I can guide you further with your query.
However as per your given specifics at this very stage, since there is no formal order from the Court and it has not been brought to the Court's notice, the Court cannot adjudicate( pass an order) granting you visitation rights.
My suggestion would be that since you and your husband have been residing separately, and in the event that no settlement is arrived at. You can initiate Mutual Divorce Proceedings and be legally separated wherein you would be granted visitation rights to your child. A temporary order can generally be entered with the court early on by agreement or by the judge’s decision and will only establish custody and a visitation schedule in the interim until a final order is entered by the 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 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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