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Me & my wife living separate Can CWC help in meeting daughter weekly
07-Jul-2023 (In Family Law)
Me and my wife are living separate for almost an year, but not divorced. Both of us are Hindu. My wife has taken our daughter (now 2.7 Years) with her. Its 1 year now that I have neither met my daughter or wife. Possibility of getting to normal life with my wife is difficult. I want an order from any proper channel so that I can meet my daughter freely. i.e, an unrestricted access during Saturday and Sunday etc. I can take my daughter and play with her for full Saturday and Sunday; and visit anyday. What are my options? Habeas Corpus, CWC (Child Welfare Committee) or anyother way? How effective if CWC here?
Let's talk about the options you have in a proper order.
1. Try to talk this out with your wife and her family. Even if you guys want to live separately without a divorce for whatsoever reason, she needs to understand that you are a father and you are as eligible to see your kid and spend time with her as much as she does. So before considering legal options, meet her and her family members and try to figure out a way in which you can meet your daughter on weekends or whatever arrangement you guys want to come up to.
2. If the former option doesn't work, you can file a petition for child custody in the family court where you can either ask for full custody if you think you will be able to raise your daughter better than her mother or you can ask for shared custody/guardianship where you can ask for 50:50 time , which is quite feasible if everyone lives in same city. Or if child lives in another city with mother as of now, then you can instead ask for custody of child during summer vacation, other school holidays, free access whenever you visit child’s city, access over phone/internet and such practical and feasible means of keeping in touch. Hope this helps.
1. Try to talk this out with your wife and her family. Even if you guys want to live separately without a divorce for whatsoever reason, she needs to understand that you are a father and you are as eligible to see your kid and spend time with her as much as she does. So before considering legal options, meet her and her family members and try to figure out a way in which you can meet your daughter on weekends or whatever arrangement you guys want to come up to.
2. If the former option doesn't work, you can file a petition for child custody in the family court where you can either ask for full custody if you think you will be able to raise your daughter better than her mother or you can ask for shared custody/guardianship where you can ask for 50:50 time , which is quite feasible if everyone lives in same city. Or if child lives in another city with mother as of now, then you can instead ask for custody of child during summer vacation, other school holidays, free access whenever you visit child’s city, access over phone/internet and such practical and feasible means of keeping in touch. Hope this helps.
Helpful?
21+
21+
Adv. CP Gautam
Greater Noida | 25+ Answers
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Dear Client,
Section 6 of Hindu Minority and Guardianship Act, 1956 which applies to the parties, to the extent it is relevant, provides that the custody of a minor child, who has not completed the age of 05 years shall ordinarily be with the mother.
Section herein above clearly states that since your child is below 5 years of age, claiming the custody or even being presented your cases in Habeous Corpus will not be that effective, but since the High Court has vast power conferred to them therefore there is a chance that you may get some observation or relief from the High Court, which might prove a lot helpfull for filing and contesting your case for the visitation rights. In case of any further advice feel free to contact.
Regards,
Tushar Bahadur,
(Advocate),
High Court Lucknow.
Section 6 of Hindu Minority and Guardianship Act, 1956 which applies to the parties, to the extent it is relevant, provides that the custody of a minor child, who has not completed the age of 05 years shall ordinarily be with the mother.
Section herein above clearly states that since your child is below 5 years of age, claiming the custody or even being presented your cases in Habeous Corpus will not be that effective, but since the High Court has vast power conferred to them therefore there is a chance that you may get some observation or relief from the High Court, which might prove a lot helpfull for filing and contesting your case for the visitation rights. In case of any further advice feel free to contact.
Regards,
Tushar Bahadur,
(Advocate),
High Court Lucknow.
Helpful?
19+
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Adv. Tushar Bahadur
Lucknow | 400+ Answers
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Hi,
you can file child custody suit in family court wherein you can demand the meeting rights with your daughter, as its your right to meet with your child, however be clear you won't get the girl child custody but off-course you will get the meeting rights. you can file habeas corpus in high court, if it is so urgent, child welfare committee can put some pressure on your wife to meet with your daughter.
you can file child custody suit in family court wherein you can demand the meeting rights with your daughter, as its your right to meet with your child, however be clear you won't get the girl child custody but off-course you will get the meeting rights. you can file habeas corpus in high court, if it is so urgent, child welfare committee can put some pressure on your wife to meet with your daughter.
Helpful?
16+
16+
Adv. Dipti Singh
Delhi | 100+ Answers
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