Nyaha (Manager) 29 May 2015

Child visitation

HI,

I am a divorcee with a 5n half year old daughter. My ex husband abandoned me when I was 5 months pregnant so I applied for divorce soon after baby was born. I got divorced on Mutual conscent basis.

Now my ex in laws family wants the baby, and they dont want to put visitation rights as they feel it may affect my daughter mentally, hence they are forcing me to reconcile.

My exhusband is unemployed and had mentally harrassed me before leaving me during my pregnancy, and I fear this may continue. When I tried talking to him now , I see no difference in his atittude towards me but he pretends to be chnaged in front of the family.

Please let me know if there is any way I can stop him from getting visitation rights on my daughter as I feel he may be a bad influence on her. I also fear the safety of my daughter as he claims he was mentally ill during the 5 years separation.

Please help.

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9 Replies

Prashant Ghai (Advocate) (PrashantGhai.com) 29 May 2015

In brief, he'll have to approach the Court with some really compelling reasons for the Judge to award him any kind of visitation rights. From the facts stated by you, it should be pretty dificult for him to get a favourable order from the Court.

Nyaha (Manager) 29 May 2015

Mr. Prashant, thanks for the reply. As far as I am aware, I was told that he has all the right to ask for visitation any time. But I would like to know if I can counter file a case against him and reject his plea for visitation now.Is there any age limit for girl baby from when visitation can be granted.Please advise.

advprasad9028707127 29 May 2015

Actually concept as to visitation right not provides in any indian laws. Generally court has not use pass such order. Mrs. Nyaha may i know is their order of court as to visitation right with ur ex husband ?

advprasad9028707127 29 May 2015

Nyaha (Manager) 01 June 2015

Mr.Prasad, there is no order passed as yet, as my ex husband has not appealed for it. However, now he and his family are saying that they will put visitation to see the baby atleast once a month. I want to know if there is any way i can contest in the court and allow him to get the visitation.

advprasad9028707127 01 June 2015

Proceed with the case if filed and take defence that, ur inlaws are cruel in nature, visitors would cause undue influence and bad effect on minor child, it would be dangerous for little mind however no law provides visitation right.