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vaishnavi   30 January 2015

Rights of father of daughter after divorce

Hi:

 I have a daughter. My husband is demanding for divorce as he has another affair. He accepts I didn't do any mistake but he fell in love with her and cant leave her. Ofcourse only now at home. Not sure what he will tell in court if he want me to give him divorce. I dont want divorce as of now. But if I go for it, I dont want my daughter to have any relation with him . He dont want me without any reason just because he found new love but want my daughter. I am almost sure that he would not get custody of my daughter (correct me if I am wrong). But I dont want him to have rights to see my daughter. Is it possible?



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 3 Replies

Laxmi Kant Joshi (Advocate )     30 January 2015

You have not mentioned the age of your daughter, if she is below 5 years then he will not get her custody but he will definately get visitation rights from the court, if you both opt mutual consent divorce and in that your mou you write one condition that after mcd he will never ask visitation right or custody of his daughter only then you can stop him otherwise not .

Prasad (Systems Engineer)     31 January 2015

Hello Vaishnavi,

 

Have NO DOUBTS. No Doubts at all. 

 

YES, A father has FULL rights on her daughter as much as your father has on you.

 

More than that, a daughter has FULL BIRTHRIGHT on her father as much as you have on your father.

 

CAN YOUR DAUGHTER FILE A CRIMINAL CASE ON YOU FOR DENYING HER BIRTHRIGHT TO LIVE WITH HER FATHER?


You mentioned that your husband has another affair.

Even if it is true, your daughter needs her beloved father.

It is the birth right of your daughter.

If a mother really loves her daughter, then she should honor the birth right of her daughter.

A mother cannot replace father role for a daughter.

 

So, talk to your husband and live together for restoring the birth right of your daughter.

 

Even if you cannot live with your husband, you should give equal rights to your husband to take care of your daughter.

 

The law might say that a father will not get custody if the daughter is below 5 years.

 

Even if the mother of a child, has an extra marital affair, the court gives custody to her.

How is it correct?

 

Law is blind. It cannot understand the injustice done to the girl child by denying her father.

 

So, please allow your daughter to have her father. Throw away the law. 

 

Law can help break families. Let us not allow that.

 

CAN YOUR DAUGHTER FILE A CRIMINAL CASE ON YOU FOR DENYING HER BIRTHRIGHT TO LIVE WITH HER FATHER?

 

A child cannot speak for itself. 

Let's honor the right of the child to live with both of its parents.

 

https://www.lawyersclubindia.com/forum/A-child-cannot-speak-for-itself--115462.asp#.VMJI9keUeL0

 

T. Kalaiselvan, Advocate (Advocate)     02 February 2015

Since the daughter is in your custody, don't allow him to have an access to her if you both are living separately. In the meantime you can collect the evidences for his illicit affairs and relationship with another female.  You can fight it out in the court on this ground denying him the custody rights or even visitation rights by insisting that you do not want your daughter to grow and be brought up in that type of circumstance which is looked down in the society.  You may consult your advocate and proceed on his further advise.


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