denying father to visit his child by mother and her parents.

971 votes

dear client... As a father you have all the rights to visit yor son even divorce is granted.... In your case you both are not separated so you have all the rights to visit your child... Mother in law or lawyer whoever threatening you go approach police authority and also file child visitation petition before appropriate court... Need furthermore clarification or doubts please free to make a call thank you....

Advocate Iyappan. E LawRato

804 votes

In India, the mother is not “supreme” to unilaterally decide that the father cannot see the child, unless there is a specific court order restricting the father’s access. Both parents are considered natural guardians, and the welfare of the child is the paramount consideration. Neither the mother nor her parents, nor even a lawyer, can legally threaten the father with criminal action merely for seeking visitation or contact with his child, unless there is genuine harassment, violence, or violation of an existing court order. Simply wanting to meet or communicate with one’s child is not a criminal offence. If the mother is denying access, the father has the legal right to approach the Family Court under the Guardians and Wards Act / personal law applicable, and seek visitation rights or shared parenting orders. Courts generally encourage the child to have access to both parents unless it is harmful to the child. If false criminal threats are made, the father can contest them legally and seek appropriate relief from court.

Advocate Hemalatha Narayanan LawRato