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Divorce and Child visitation and children dont want to meet him
17-Sep-2025 (In Divorce Law)
I was married since 2015 and have 2 sons 8 and 5 year kids.My husband is chronic alcoholic and abusive i had suffered his torture for sake of my kids. But he used to behave violently with kids too.I had filed for divorce 2024 and case status is at ex parte hearing and he filed section 9 after he received first notice of divorce. Since last 1 year my husband did not come for any hearing. But now he had applied for mitigation so that he wants to meet kids but kids had seen his behavior and actions
Child visitation rights allow the non-custodial parent or other relatives to spend time with a child after a separation, divorce, or custody dispute. In India, the legal framework strictly prioritizes the welfare and best interest of the child, while encouraging the child to maintain a healthy relationship with both sides of the family.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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As your divorce is already at the ex-parte stage and your husband, after remaining absent for a year, is now seeking visitation, you should immediately file a detailed objection under prevailing laws, highlighting his chronic alcoholism, history of abuse towards you and the children, and the resulting trauma, and request the court to either deny access completely or at minimum restrict it to supervised visitation in a neutral and secure setting such as the court premises or child welfare centre; you should also pray that no unsupervised access be granted until he proves sustained de-addiction and rehabilitation, and press that the welfare, safety and wishes of your 8- and 5-year-old sons remain paramount, which is a well-settled principle in custody matters and a strong legal ground to stop an abusive father from forcing contact.
File a Domestic Violence case with protection orders as it creates a legal shield to prevent him from approaching you or the children in an abusive manner.
You can file a written complaint with the local police station, Child Welfare Committee (CWC), or approach the District Child Protection Unit (DCPU).
You can file a complaint under the Juvenile Justice (Care and Protection of Children) Act.
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Adv. Sanil Sarkar
Adv. Sanil Sarkar
Navi Mumbai | 100+ Answers
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If your husband has filed restitution of conjugal rights under section 9 of Hindu marriage Act, and is now trying to get the custody of the children, you need to prove in the court that he is not responsible enough to get any child custody you cannot even manage himself here is a alcoholic and he cannot take care of himself leave on the child.
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Adv. Moksh Jain
Adv. Moksh Jain
Mumbai | 100+ Answers
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Divorce Proceedings and Child Custody
the court usually decides custody of the children (who they live with, and visitation rights for the other parent).
If the child clearly says they don't want to meet, you can inform the court and request modification of visitation orders.
Sometimes, the court may order counseling or mediation to understand why the child is refusing.
If there is a history of violence, neglect, or abuse, that becomes a strong reason for the court to restrict or cancel visitation.
4. What You Can Do
Record the child's statements (in writing or video) if they are consistently refusing.
File an application before the family court to modify or restrict visitation based on the child's wishes and well-being.
If you fear harm to your child, you can also seek supervised visiton (where meetings happen in presence third person or in court-appointed centers).
2. if the other parent (father) gets visitation rights, it does not mean the child is forced to meet him if the child is not comfortable
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Adv. Mahrukh Khan
Adv. Mahrukh Khan
Mumbai | 200+ Answers
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Ultimately, it is the decision of the kids to meet the parent or not. You may inform the court that the kids are afraid to meet the husband as he used to behave violently with the kids in the marital home. However, dont press too much on not allowing the husband to meet the kids, as the Court may take adverse inference from your conduct. That is not good for your case (especially if interim maintenance order has not been passed).
Rather, you must request the Court that the meeting between husband and children should be done under your supervision or someone whom you trust.
The law is clear on the point that husband/wife cannot be stopped from meeting their kids, as it is essential for the welfare of the child.
In case you require any further legal assistance you may contact me.
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Adv. Shreyas Jain
Adv. Shreyas Jain
Mumbai | 100+ Answers
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Well, you can get full custody of the child if you wish, Permanent Custody, considering, due to chronic alcoholic state, he can set a wrong example for children, moreover, he may morally bankrupt them in future, this can be your argument before Court to seek Permanent Child Custody!
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Adv. Pankaj Bajaj
Adv. Pankaj Bajaj
Pune | 700+ Answers
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