Visiting rights after divorce
Querist :
Anonymous
(Querist) 29 December 2011
This query is : Resolved
I (Husband) got divorce on 30th Oct 2011. we have a son(4 years) presently with mother.
as per agreement , child custady shall be with mother. both party shall withdraw all cases agaist each other. Thats why i have to with draw child custady case filed by me.
Now CAN I & how i can proceed for visiting rights for my son.
Querist :
Anonymous
(Querist) 29 December 2011
Case location - Gurgaon
prabhakar singh
(Expert) 30 December 2011
There should have been a compromise in this regard too between you and her.
Go and see your child ,in case she refuses you to meet the child then move a fresh for visitation rights but not before is my advise.
Deepak Nair
(Expert) 30 December 2011
Act as advised by Mr.Prabhakar
Devajyoti Barman
(Expert) 30 December 2011
If anything about visitation is mentioned in the compromise petition then you should not worry.
If there is nothing and she is refusing to see the child then you have to file a case for custody.
If there is anything about visitation then the same case m,ay be reopened to give you the relief.
Querist :
Anonymous
(Querist) 30 December 2011
Dea sir, I will try as advised by Prabhakar sir.
But I got the divorce degree/498a withdrawal etc on 30th oct 2011. Then some one is suggested me to wait for 3 months i.e upto 31 Jan 2012.
what's your suggestions ?
prabhakar singh
(Expert) 30 December 2011
That is also not far away.90 days is called appeal period,though not necessary in your case but only 32 days are left then what is the harm.
V R SHROFF
(Expert) 30 December 2011
let EXPERTS KNOW YOUR TERMS.
U may send a request letter to r wife for your visit to ur son. . If she refuse, and if no compromise for visiting rights, you claim access.
Let your such request be on Court record.
Her modes of harassment to you, will be considered when ur son is adult, and he will penalise your wife, certainly when ur DIL read it after 20 yrs!!
Devajyoti Barman
(Expert) 30 December 2011
There is no time limit for enforcing your right.
Querist :
Anonymous
(Querist) 30 December 2011
Dear Mr. Shroff, how my request may come on court records.
Shonee Kapoor
(Expert) 01 January 2012
Though I agree with the experts. But I strongly want to voice my opinion in this case.
You waited for so long to get your own freedom and was not concerned about the child visitation at that. Even now you want visitation to satiate your own emotions and not for any benefits of the child.
Though it would be unlawful for any court to deny you visitation, but why should any court grant you liberal visitation or child custody.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
