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ANIRBAN CHAKRABARTI (Principal Architect)     14 March 2015

Child access

My wife is separated from me for more than 9 months. She has filed for divorce against me. She and her parents are determined to stop me to have child access. So far, we had only marriage counseling sessions and MC's repeated request have fallen into deaf ears. I am very worried that even after order of visitation rights they will violate my visitation rights. My child is a girl child. What will I do if they continue to violate child access? I do not want to be treated as an ATM machine. What kind of remedy should I ask from court if child access is continuously violated?



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 7 Replies

saravanan s (legal advisor)     14 March 2015

a childs mother cant refuse visitation rights for its father.if she is not allowing you to access the child then file suit for child custody.how old is the child?

ANIRBAN CHAKRABARTI (Principal Architect)     14 March 2015

My daughter is 7 year old. Next friday we have the next session of marriage counseling. As MC's requests are falling in deaf ears, I am going to approach judge next time. I am out of patience to know whether my child is dead or alive. The in laws forced me to miss her 7-th birthday and I do not want to miss her 8-th birthday. What do you suggest? Should I file an application to judge next day? What should I say in the application?

Born Fighter (xxx)     14 March 2015

Counsellors do not have much rights/powers in directing your wife to get your child to meet you. Once the mediation fails and court proceedings start , in the first hearing itself make an application for granting child access, no body on earth can stop you from meeting your child. 

 

Insist on granting access to meet your child to Judge and it will be granted. 

 

All the Best !!!

T. Kalaiselvan, Advocate (Advocate)     17 March 2015

If the visitation rights have been given by an order of the court, then you may file a contempt application against your wife for refusing to allow you to visit the child, also you may move the court with an application to cancel the order for maintenance award owing to her refusal to respect the law and orders of the court. Take the advise of your advocate on practical issues and proceed.

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ANIRBAN CHAKRABARTI (Principal Architect)     17 March 2015

Thanks all for their replies and helps

sathiya   25 March 2015

Dear Experts,

The condition with me is same, in my case my Brother-inlaw captured my doughter from my hands, can you please suggest under which section this matter comes?

What I should do against my Brother-inlaw?

 

Thanks

T. Kalaiselvan, Advocate (Advocate)     25 March 2015

@Sathiya:  If your brother in law indulged in the illegal act as stated by you, a case for kidnapping can be lodged against him with the local or superintendent of police.   Take the help of a local help and approach the police with a complaint for kidnapping your child by the illegal and anti social element called your brother in law, let him come out with other details. OR you may file a haebus corpus petition before the high court against him to produce your child.


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