Child visitation rights

samuel (Querist) 08 May 2017 This query is : Resolved
Sir,
25 days before my wife took our 5 year old girl child to her uncle's house where her mother lives. I had a quarrel with her over phone and she stopped talking over the phone and none of her relatives talk with me. I could not know the health condition of our child. I fear they will not allow me to visit the child, I will be ill treated at their residence. The child may sometime cry and ask me to take her to my house if I visit her. In such circumstance can I take her with me even if my wife objects. If I am not allowed to see her what can I do? If they harass me and insult me there either by word of mouth what can I do? Can I complain to police? How often can I visit her at their residence?

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kavksatyanarayana (Expert) 08 May 2017
Consult a local lawyer who have well versed knowledge in this field and get an injunction order/permission from a court of law to see your child.

samuel (Querist) 09 May 2017
Is it not possible for me to visit my daughter unless and until I get a court order. My child is prone to illness. I cannot delay. How much will it cost to get a court order. Is it possible for me to take my child with me if she wants to come and stay with me in my house against the will of her mother. Do the police have right to enforce and arrange visitation by father without a court order. Do I have any right to visit my child without prior approval from either court or police station at the house where her mother lives.

Guest (Expert) 09 May 2017
Though the Police can not enforce a Legal Visitation Right with out the Court's Consent the Police could convince the other side for Visitation of the Child on Moral and Humanity grounds if the Police is interested.Getting the Court Remedy would be the Best and Permanent Option Please

Devajyoti Barman (Expert) 09 May 2017
Well, Police has nothing to do with the c=visitation rights of the child and without any court order you can visit the child unless and until the custodian so allows.
So file a custody suit and get a visitation order .it will be readily allowed by court.

R.K Nanda (Expert) 09 May 2017
nothing to add more.

Dr J C Vashista (Expert) 10 May 2017
It is your apprehension i.e., a hypothetical situation created in your mind, which is not a dispute to form an opinion and advise.

samuel (Querist) 10 May 2017
Sir
Thank you for all the replies. It is real situation. It is good to know I can get at least visitation order through court. This is the information I needed.