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jitendraku (CA)     06 July 2015

Visitation rights

Kindly, explain how to negotiate child visitation rights.



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 July 2015

The laws governing child custody in India are the Guardians and Wards Act 1890 and the Hindu Minority and Guardianship Act 1956. The Hindu Minority and Guardianship Act states that the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property …. in the case of a boy or unmarried girl- the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother’(5). There are numerous connotations this can take, some of these are: that the law reflects our patriarchal social structure and that small children are always better off with the mother... Matters are also complicated by a legal process that does not view legal guardianship to be co- terminus with physical custody of a child.

Jayashree Hariharan (Advocate)     06 July 2015

 best would be communicate directly and decide rather than arguing.

Biswanath Roy (Advocate)     06 July 2015

Visitation right is the legal right of the biological father and mother to visit their children .save and except any legal bar upon such visit.

rahul12   12 July 2015

res sir, 

my Q is whether father has visitation right while he is facing 302, 498 a trial in court?

brief fact: my wife had made suicide but his parent claimed as murder and they made serious alleagagtion against me and 302, 498a is registred. after filling charge sheet  i got bail from court. but in betwwen when we are family member are in custody my wife parent took my 3 year daughter and they filed suit for partition in civil court and in that they mention that  they are legal gaurdian of my daughter, now after getting bail from court i asked to parent of my wife where is my child they told sus even they will not allow to meet her. so if i go for child custody it will took too much time. thats why currently i want to know whether is there any provision in law to meet my daughter.


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