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Father's visiting rights to meet donor child after divorce
08-Jul-2023 (In Family Law)
I am citizen of India, and I was married for 8+ years to a Doctor from Kerala. Due to various reasons our marriage did not sustain and in Aug 2016 we filed a mutual consent divorce. We got divorced in May 2017. We have a son 5yrs old. I am not his biological father due to my medical condition. He is a donor child. The donor treatment was done with consent from both of us. After divorce my ex wife does not allow me to meet him even though I have visiting rights as per the divorce decree. If I file a case against my ex wife what % of chances to I have to get to see my son.
Hai,As per the divorce decree u are having visitation rights.That provision is enough for you to exercise your right of visiting your child.Moreover even if u r not the biological father of the child,u r the father of the child legally.So be confident and move against your wife in the Court of law.
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Adv. Ajee Rajappan
Kollam | 25+ Answers
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If you have a visitation right as per the decree, you need not file a separate case, you only need to file an Execution petition, to execute the decree. The court will allow visiting right / interaction/ interim custody as per the decree above mentioned.
Even otherwise you may also file a case for custody court will allow visiting right / interaction/ interim custody as per the circumstances of the cases..
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Adv. Hari C.G
Palakkad | 50+ Answers
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You are still the father of the child; this is conclusive in terms of the provisions of Section 112 of the Indian Evidence Act:
112. Birth during marriage, conclusive proof of legitimacy
The fact that any person was born during the continuance of a valid marriage between his mother and man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the parties to the marriage had no access to each other at any time when he could have been begotten.
You cannot be denied visiting rights as decreed.
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Adv. P Venu
Vaikom | 5+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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