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anirban   24 July 2017

I want to meet my daughter she is 4 and half years old

My wife filled 125 maintenance with false allegations... I filled divorce... Then she filled 498a 

I am sending money order of Rs.3000/- as per court order.. She refusing.. I have send total 35 money orders.. I have all receipts... she refused..

 

I have a daughter.. She don't allows me to meet.. I send gifts from flip kart .. she refused.. I have flipkart slips...

Is there any court process to meet my daughter.. my mom also wants to meet her grand daughter... Is there any court process... 

 

I and my family members don't want to meet her personally.. We fear her as she filled false allegations...



Learning

 10 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     24 July 2017

Sir, 

 

File the custody application with an interim application for Visitation rights to meet your daughter  .... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741

 

anirban   24 July 2017

thank you sir... she is living around 350 km away from my home town... will i fill it here or her place... 

After filling will court allow me and my family member to meet my daughter...

Raveena Kataria (Advocate )     24 July 2017

Whether or not you shall be allowed to see your daughter depends upon the court's discretion. Child visitation and child support are two separate things.

In my opinion, you may be allowed to meet your daughter as per the visitation schedule assigned by the court, provided it deems that it's in your daughter's best interests.

Ms. Usha Hegde (CEO)     24 July 2017

Even if court orders your wife to allow you to meet the kid, if she does not comply with the order and wants to play hide and seek, even with police support you cant do anything much.  System of police is corrupt to the core.  You will have to feed biscuits to police dogs, to advocate fees, and service charge for court amin everytime you want to meet daughter.

  1. My advice:  Better forget this kid and remarry or adopt another kid to satisfy the thirst of having a daughter or son.  That way you will:
  2. Give life to a orphan.  Take blessings from it.
  3. You will be a role model for others who dont have children.
  4. You will be saved from never ending court battle regarding visitation rights and child custody.  
  5. You will still end up paying maintenance for kid till it turns 18.

Further advise:

Dont cultivate habit of drinking.  If wife does not want to show kid to you, court cant do anything.

Siddharth Srivastava (Advocate)     24 July 2017

File an application u/s.26 HM Act seeking the custody of the minor daughter wherein you may make interim applicatyion to all you to meet the daughter in court or have you visistation right. 

Advocate Bhartesh goyal (advocate)     24 July 2017

Agree with exper kapil & sidharth srivastav.

Adv Radhika Mehta (Advocate)     24 July 2017

File a Petition for custody either under the Guardians and Wards Act, 1890 or under the Hindu Minority and Guardianship Act, 1956 and immediately move an application for access.  Under the Guardians and Wards Act, the application will have to be filed at the court where the child ordinarily resides.  Alternatively you can also file an Interim Application for access in the Divorce Petition filed by you.  You should be able to get access unless your wife is able to satisy the court that being with you or your family is against the interest and welfare of the child. 

A walk alone (-)     24 July 2017

Why Dnt you remember your daughter earlier before filing divorce? Before filing divorce have you ever think about your daughter future after your divorce? Anyway you can file the custody application with an interim application for Visitation rights to meet your daughter. But remember chances of getting custody are very less.

anirban   24 July 2017

THANK YOU each and everyone... for all you valuable answers... 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     25 July 2017

You have to file the case where the child is residing.  As the distance between you and your daughter is far away, weekly visitation becomes difficult.  Hence, ask the temporary custody of the child with you and your parents for summer and winter vacations.


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