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ftmc_atfgrt (Analyst)     25 March 2012

Visitation rights

Can a father get visitation rights from a lower court in the following case?

1. High court has issued protection orders for wife and children because the husband tried to pick kids up from school several times.

2. Husband has been guilty of domestic violence.

 



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 4 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     25 March 2012

Less chance. If wife objects for the reasons mentioned above. that chance too will forgo

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     25 March 2012

Dear Querist,

What is important is under what circumstances he tried doing that, and what do you mean that he is guilty of domestic violence ? Has he been convicted for 498A etc. ? Nothwithstanding the above The Court can give limited visitation rights to husband - in controlled environments for eg : children's room in family courts etc.

Adv. Chandrasekhar (Advocate)     25 March 2012

visitation rights cannot be denied on the above said facts.  in fact father's extra-legal attempt to reach children shows his love towards children.  the court will consider all the facts impartially and grant visitation rights to the possible extent.  but courts will take their own time to decide such matters. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 March 2012

Yes Visitation can be granted under supervision.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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