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Permission to visit child and mutual divorce
04-May-2025 (In Divorce Law)
Hi, myself and my wife living separately more than a year with mutual understanding .. for past one year she allowed me to visit our child.. but now suddenly she refusing to show our child.. she demanding me like if I want to see our child I need to go legally.. also refusing to give mutual divorce
S.Gunasekar Advocate Answer.
If your wife is refusing access to your child and also not agreeing to mutual divorce, you can file for:
1. Child visitation rights through the family court under the Guardians and Wards Act.
2. Contested divorce, if mutual consent is denied.
Legal help from a family lawyer is advisable to proceed properly. Would you like help drafting a petition or understanding court steps?
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Adv. S Gunasekar
Chennai | 100+ Answers
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Sir,
With the given situation, As you both have been living on mutual understanding ,first try to understand her concern and expectations to continue the said arrangement. As she might have any insecurity issues in living as decided earlier by both of you.
Failing which you can move legally seeking child visitation alone..as she is not ready for divorce.
hope your query is answered.
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Adv. R.Nithiyaa
Salem | 50+ Answers
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hi, I can well understand your concern from the query raised, you can file a GWOP petition before the family court under sec 9, seeking wither visitation rights or custody, if the attempt for mutual divorce fails you can file petition for contested divorce, citing grounds of cruelty, desertion or mental agony, thank you, you can contact me for further clarifications!
Helpful?
yes filing a petition for custody or visitation rights, or even to ensure the child's safety and well-being. The court will consider the child's best interests, and if necessary, can order the parent to allow access and may even impose penalties for non-compliance.
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Adv. Veni
Coimbatore | 25+ Answers
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I suggest starting with a pre-litigation process to resolve the matter amicably. If that doesn’t work, you can file a petition for visitation rights—no father should be unlawfully restricted from seeing his child. Depending on the circumstances and the father’s conduct, you have a strong chance of obtaining a favorable court order.
If your partner decides to pursue a divorce, you both can opt for a mutual divorce with agreed-upon terms regarding child visitation, guardianship, and custody. Remember, no one has the right to wrongfully prevent you from seeing your child.
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Adv. Sameer Ahamed M S
Chennai | 25+ Answers
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