Visit or access to child
yogesh
(Querist) 17 February 2018
This query is : Resolved
R/Sir
There is misunderstanding among wife and husband. They hv a child boy of 3yrs. They live separate from last 3yrs. However, husband use to visit wife and his son till oct2017 but after that wife refuse to visit. Husband called & by email requested to come back home but she did not came. So now he wants right to visit his child. He doesn't want to file any matter from his side. So there is no any matter pending before any cout. Under which section he can file application to court for right to visit. Plz guide.
Vijay Raj Mahajan
(Expert) 17 February 2018
The custody and visitation for minor child can be sought under the Guardians and Wards Act through Family Court. The legal right of the natural guardians exists for both biological parents that can't be denied by either to the other. Even if the physical custody is allowed to mother of very small child considering his welfare with her that doesn't mean the father cannot be allowed visitation. Based on this principle, the father will definitely get visitation rights for the minor son.
