Child Access Law

Querist : Anonymous (Querist) 31 March 2011 This query is : Resolved
I have filed case for divorce. Its still under process. Court has granted access right to my husband for my kid, age 7. Child is very much mentally disturbed after meeting him in court. He is not willing to meet his father as he has seen cruelty and violence. Is there any provision or act through which I can refused access of child in better interest of child.

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M.Sheik Mohammed Ali (Expert) 31 March 2011
you can file petition to the same court regarding what you said, after that the court ask your child what happened the decided the court

Devajyoti Barman (Expert) 31 March 2011
In custody matters it is the welfare of the child which is the paramount consideration of the child. The rights of biological parents with regard to the custody and visitation of the child are all secondary.
So if your allegations are indeed true then you can file a petition u/s 151 cpc in the same court and ask for modification or change in the order. The court to establish the genuineness of the allegation may ask and interrogate the child alone.

Ghanshyam Mishra (Expert) 31 March 2011
Plead these facts before court it is possible that order may be modified.Ghanshyam Mishra 9899794006

Darshan Shah / 09892727182 (Expert) 01 April 2011
Agree with the experts.

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