Need help ! wanted to file for visitation and custodianright

So the custody of the children was given to UR wife at the time of divorce.Did U not contest custody of chidren and if not visitation rights? Are U paying maintenance for the children?But legally as he boy is 7yrs old U can claim custody of the son,but U cannot claim custody of the girl child,but can claim visitation rights.

Hindu Minority and Guardianship Act provides that the natural guardian of a Hindu minor, in respect of the minor’s person as well as property, in case of a boy or unmarried girl is their father, and after him, the mother. The custody of a minor who has not completed the age of five years shall ordinarily be with the mother. But in exceptional cases when you can prove that the mother is not able to maintain the children or she does not have the capacity to maintain the child in a healthy environment and if the child is in her custody, her future will be at stake, then you can be provided child custody.... In general, in case of your son, you shall seek custody and in respect of daughter you can ask visitation rights.

Originally posted by : SAINATH DEVALLA
	So the custody of the children was given to UR wife at the time of divorce.Did U not contest custody of chidren and if not visitation rights? Are U paying maintenance for the children?But legally as he boy is 7yrs old U can claim custody of the son,but U cannot claim custody of the girl child,but can claim visitation rights.

Thanks for the response Sainath.

I didnot have chance to contest for Custodian/Visitation rights as the divorce decree itself was carried out in an exparte manner.

I am not paying any maintainence and there is no such mentioning of the maintainence in divorce decree too.

Originally posted by : rajarajeswari
	Hindu Minority and Guardianship Act provides that the natural guardian of a Hindu minor, in respect of the minor’s person as well as property, in case of a boy or unmarried girl is their father, and after him, the mother. The custody of a minor who has not completed the age of five years shall ordinarily be with the mother. But in exceptional cases when you can prove that the mother is not able to maintain the children or she does not have the capacity to maintain the child in a healthy environment and if the child is in her custody, her future will be at stake, then you can be provided child custody.... In general, in case of your son, you shall seek custody and in respect of daughter you can ask visitation rights.   Rajarajeswari.P. Advocate, Madras High Court, 150/309, II Floor, Linghi Chetty Street, Chennai - 1

Thanks Rajeswari. this helps me to some extent

You were handed over an exparte divorce decree only and there was no decision by a court of law nor you both had a consensus about the custody of children nor their upbringing either orally or in written.  The  children are in her possession till this date though she is not having any legal custodial rights on them.  

Being biological father to the children you are the natural guardian to your minor children and you are entitled for the custody rights legally.  Therefore you file a child custody case and also file an IA seeking visitation rights as an interim relief.Consult a local advocate and proceed as per his further advice.