How to prevent visitationrights in mutual consent divorce? Relig:Hindu

Question

How to prevent visitationrights in mutual consent divorce? Relig:Hindu

03-Jun-2024 (In Divorce Law)

My daughter is 4+ years. She is living with me(mother) since birth. I have been financially supporting her since birth. My husband is highly manipulative and cunning man. He has sent a legal notice for RCR. I want a mutual consent divorce and want to prevent visitation rights from being given to him. How can I deny/restrict the father visitation rights ? If the visitation rights are given to the father, can custodial mother relocate for work reasons within or outside India ?

Answers (5)

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Adv. Kishan Dutt Kalaskar Adv. Kishan Dutt Kalaskar

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Advocate S.K Prabhakar Shetty LawRato · Accepted Answer · 2024-06-03T10:50:33+05:30

Answer #2

vegetation rights are basic rights both parents towards their children. your allegation like child's father not supporting financially and being manipulative and cunning are not around recognised by law to prevent visitation rights. Your plan to relocate outside India after vegetation rights are granted to him will not be easy as passport authorities insist on either or consent of father of the child.

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Advocate Savitha Savi LawRato · Accepted Answer · 2024-06-03T11:38:11+05:30

Answer #3

Hello madam first thing you have issue a reply notice to him against his RCR. You have to ask mutual divorce along full custody of the child. If he is not agreed and file a RCR before the court then you have to contest the case, file your objection along with counter claim asking divorce along with custody of the child. He has only get the visitation right if you get the divorce and not entitled to ful custody to him. Please contact me if you need further advice.

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Advocate Suma BK LawRato · Accepted Answer · 2024-06-03T14:20:39+05:30

Answer #4

hi madam, father may get visiting rights but there are less chances of getting custody of the child since the child is minor, the child will be in the custody of mother. if you and your husband wants divorce then about visiting rights contents can be mentioned in agreement. for more clarifications pls feel free to cal me. thanks

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Advocate Geethanjali Setty LawRato · Accepted Answer · 2024-06-03T22:28:56+05:30

Answer #5

1. in mutual consent the visitation rights are given by the parties own consent. both parties must agree for the visitation rights. 2. the child can deny the visitation rights and not be willing to see the child and then the mother can help her and obstact the father from visitation. 3. the visitation rights are given to the father, the mother must accommodate to see the child based on the time and place and to intimate the father.

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