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Need assistance for child Custody
11-Aug-2025 (In Divorce Law)
Me my self Ashwini I had an extra marital affair which I was informed my husband and after that lots of issue had happen now my husband is not allowing me to see my son ... He is telling that no need to come and see him as you went leaving him and all and choosed someone else upon me.
As per Indian law, a mother has a legal right to meet and maintain contact with her child, regardless of marital disputes or personal differences. Denying access to your son without a court order is unlawful. You may file a petition for custody or visitation rights under the Guardians and Wards Act before the family court. The court will decide based on the welfare and best interest of the child, not solely on past conduct. I recommend sending a formal legal notice to your husband asserting your visitation rights and, if he refuses, proceeding legally to secure regular access.
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Adv. Ashish Kumar Patel
Adv. Ashish Kumar Patel
Nagpur | 25+ Answers
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a parent cannot simply be cut off from their child without due process, and the courts always look at what is best for the child before making any decision. Even if there have been personal differences or mistakes in the marriage, those do not automatically take away your rights as a mother. There are legal remedies available to ensure you can meet and maintain a relationship with your son. The right approach and strategy will depend on certain facts and documents, which we can discuss in detail, but you should know that there are strong provisions in your favour if handled correctly.
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Adv. Chanchal Singh
Adv. Chanchal Singh
Mumbai | 100+ Answers
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Well, you can apply for the Custody of Child in Court, if you succeed, you will get, but, the opposite side may raise a question on your character, that, giving Custody of Child to a woman who was having extra marrital affair and keeps on engaging in such affairs, a possibility, can give bad impression on the mentality of child...hence the opposite side may argue that Custody cannot be given to you.
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Adv. Pankaj Bajaj
Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Ashwini, under Indian law, both parents have rights and duties towards their minor child, regardless of personal disputes. The Guardians and Wards Act, 1890 and personal laws governing your marriage (Hindu, Muslim, Christian, etc.) recognise that the child’s welfare is the paramount consideration in custody and visitation matters.
Even if you had an extra-marital affair, that alone does not automatically take away your right to meet or maintain a relationship with your child, unless a competent court has specifically restricted it in the child’s best interest. Your husband cannot unilaterally deny you access.
You may file a petition for custody or visitation rights before the appropriate family court. The court can pass orders granting you regular visitation or shared custody, depending on the circumstances. Interim relief can also be sought for immediate access to your son while the case is pending.
In short, personal mistakes do not erase your legal rights as a mother. Only the court—not your spouse—can decide on limiting your access to your child, and that too solely on grounds related to the child’s welfare.
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Adv. Kiran Ashok Gangurde
Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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You can choose to obtain custody of your son through custody application. You have not mentioned if any divorce proceedings are ongoing between you and your husband. Either way, you can get custody of your son or get visitation rights, whatever you feel right.
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Adv. Keyur Kulkarni
Adv. Keyur Kulkarni
Mumbai | 100+ Answers
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