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Rahul Shinde   15 November 2021

Access to my daughter

Hi , My wife is stopping and obstructing my access to my daughter from last 2 years. I tried to meet my daughter by various means .She has poisoned her mind about me and she has blocked all means of communication from my daughter. When i try to go to visit her she threatens me with police complaint. She is doing all of this to pressurize me mentally and this is putting me under immense mental pressure. I dont know if court can listen to me and provide me justice as generally our law is biased towards women. Since my daughter's mind is brainwashed by her i dont know how much help i can get from court. As a father i am feeling helpless as my wife is able to use law for her benefit and harass me.



Learning

 3 Replies

Kevin Moses Paul   15 November 2021

First things first, as per the Hindu Minority and Guardianship Act, 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 is the father, and after him, the mother.
It is provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. Hence, if your child is below the age of 5 years then it might be difficult for you to get their custody but you can always have visitation rights.

However, since you're wife is obstructing you from visiting you're child, it's better that you file for an order of show cause in order to make modifications in the custody of the child as this way you can get custody of the child with yourself.
Though such incidents might tempt you to call for police, it's better to keep police off from the matter as such interference might escalate the matter in other party's favour. For more information regarding filing a petition regarding the same in a court of law, you shall proceed to engage with a local family lawyer who had expertise in such matters.

Regards,
Kevin M. Paul
2 Like

Dr J C Vashista (Advocate)     17 November 2021

It your right to see, visit and play with your daughter.

Apply for her custody and visitation rights through a local prudent lawyer.

Rahul Shinde   17 November 2021

Thank you so much sir for your advice.  I am following legal procedures at the same time it just amazes me that against mental cruelty by women, as a man i can press no charges and divorce is the only option but our law has little protection for men and there is no compensation to my suffering and suffering of my perents due to such mental harassment. 


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