PRABHAKAR TIWARI (ADVOCATE) 22 December 2017

Harassment by wife and her family member

QUESTION - CAN A FATHER (HINDU) GET POLICE HELP (OR SUPPORT OF HUMAN RIGHTS COMMISSION OR CHILD RIGHTS COMMISSION ) TO MEET HIS ONLY CHILD OF APPROX ONE YAER WHICH IS CURRENTLY IN THE CUSTODY OF HIS MOTHER ,LIVING IN HER PARENTAL HOME FROM APPROX THREE MONTHS DUE TO SOME MISUNDERSTANDING BETWEEN THEM ?

ACTUALLY THE BROTHER OF THE WIFE AND HER FAMILY MEMBERS ARE THREATENING THE FATHER TO BEAT IF HE COMES TO SEE HIS CHILD. FATHER WANTS TO SETTLE THE FAMILY DISPUTE WITHOUT GETTING DIVORCE BECAUSE THAT WILL SURELY DESTROY HIS LIFE . BUT AT THE SAME TIME HE WANT TO BE IN TOUCH WITH HIS ONLY CHILD (BOY) .

KINDLY GIVE SOME SOLUTION TO THIS SPECIFIC PROBLEM ...THANK YOU

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7 Replies

Vijay Raj Mahajan (Advocate) 22 December 2017

The biological father of the child is natural guardian and entitled to have custody of the child. Even if the physical custody of infant is with moth, the right to visit the child definitely exists with the father.

You can file petition for child custody and visitation under the Guardian and Wards Act in the Family Court of the district where the child is presently staying with the mother. The court will definitely allow meeting/visitation to the father with the child even if complete physical custody remains with the mother.

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PRABHAKAR TIWARI (ADVOCATE) 22 December 2017

THANKS FOR THE ADVICE..

Kumar Doab (FIN) 22 December 2017

Agreed with Mr. Vijay Raj Mahajan that father has a right to see his biological child.

Brother of spouse in NOone and Nobody to block access, threat, coerce, intimidate, beat the father.

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Helpless Guy (IT) 27 December 2017

Dear Prabhakar Tiwari, I understand your emotions but practical advice is forgot sentiments and love towards kid. Its become fashion now a days every house has common problem and wives and her parents using kids as weapon to harras husbands. This is a physological battle and you can't win in the court, forgot you son and wife for some time and don't every put any court case against your wife, it will go your against only. Now a days courts are biased and feministics.

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PRABHAKAR TIWARI (ADVOCATE) 27 December 2017

THANKS FOR YOUR REPLY....BUT LET ME TELL YOU...IT'S NOT MY CASE...I JUST WANTED TO KNOW THAT FOR ANYONE ELSE...THANKS ONCE AGAIN....