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My wife Not Letting speak to my child nor let me meet him
08-Dec-2023 (In Family Law)
My wife left me on 8th September’20 with my child & claims not to come back . Neither she wants to talk neither she letting me speak to my child he is 4.5 years old. It’s been now around 3 months that I haven’t meet my child nor letting me speak to him on phone. My wife doesn’t pick phone. I don’t want to file for divorce neither want to file RCR. If she wants to stay at her mother place I am okay . Just want to seek how I can meet my child & talk to him. Any rule which allow me to do so while neither I am giving divorce neither asking her to come back. I am Hindu. Do we have any law which allow me & direct wife or force her to let me meet. She left under influence of her boss & happen to place me under threat that I raise my hand on her . She want that my child should forget his father . I just want to meet my child without getting into battle at court for years. Don’t want custody also atleast any law allow me as father or guide me
you have all the rights in law to meet your child and visit him. if your wife is not allowing you to meet your child, you may consider sending her a legal notice. if still she does not allow, you may file a complaint with the local police. if that too does not help, you may consider filing a writ of habeas corpus in the high court, if you don't want custody or fight for it.
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Adv. Kawaljit Singh Bhatia
Delhi | 400+ Answers
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Hi,
Both parents have right in law to meet the child and have visitation rights. You have an option to file an application through your lawyer and call her for mediation before the mediation center of the concerned court.. Further you may file a custody petition if you need custody of the child.
Both parents have right in law to meet the child and have visitation rights. You have an option to file an application through your lawyer and call her for mediation before the mediation center of the concerned court.. Further you may file a custody petition if you need custody of the child.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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In cas if you don't want to proceed through courts, a legal notice which is in the nature of the warning letter will suffice your purpose. Section 6 of Hindu minority and guradianship act provides you the right to claim custody. So, through this notice we will be stating the legal rights of yours and will direct them to allow you withing a stipulated time to meet your child.
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Adv. Yuganshu Sharma
Delhi | 400+ 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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