Visitation rights of husband when charged for case u/s 498A of IPC


My friend's wife and family filed 498A against him recently.(not divorced).But his wife is pregnant for 6 months. Will he get the permission from court to see his newborn baby and frequent visitation at any cost ?? What are the legal remedies to get the permission to see his baby??

Answers (4)


284 votes

From your query, What I can understand is this 1) A case under sec.498A of IPC filed by the wife against your friend is pending 2) your friend want to see/visit his new born baby..
Of course a father is entitled to see /visit his child. Pendency of case under sec.498A of IPC is not a bar to see /visit the child. You can approach a family court and file petition for the custody of the Child and interlocutory application seeking visitation / interaction rights.


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193 votes

Visitation rights depend on the orders when you file a OP before the respective Family court.
Your friend will have to file a OP before the family court to get visitation rights and the same is possible only after the child's birth.

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109 votes

Hai, Ur friend like only his baby, tell ur friend to like his wife also, After the birth of this baby, file op Petition for guardian ward in family Court getting an interim order to visit the baby, make counsilling method to reunion both of them .thanks to join, wish u a good life

341 votes

Every thing will depend upon the outcome of the proceedings in the case under sec 498A. If the court finds that your presence in the house where his wife and baby are staying; is dangerous to peaceful life of the baby and the mother, then the court may refuse to allow you to see the child. The outcome will depend on the evidences on record.

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