natural guardian
balachandran
(Querist) 21 December 2014
This query is : Resolved
Sir past one year my daughter age seven years is not with me because my wife kidnapped her. Now she has appealed for divorce and i have appealed for divorce on the basis of cruelty and adultery. My problem is my wife not allowing me to see and talk to my daughter past one year. She already filled divorce and withdrawn the case in june and again she has gone to divorce. Iam natural guardian of my daughter so can i get back my daughter and want to know the law for father and any supreme court order regarding this matter. Please help me.
Isaac Gabriel
(Expert) 21 December 2014
You need to take recourse to lagal formalities,since fmale children are givem custody to mothers.
Devajyoti Barman
(Expert) 22 December 2014
File a petition for visitation of child u/s 26 of HMA or file a separate case for custody.
Rajendra K Goyal
(Expert) 22 December 2014
Move to court with prey for visitation rights.
ajay sethi
(Expert) 22 December 2014
file application seeking custody of child . court will grant you visitation rights
K.K.Ganguly
(Expert) 22 December 2014
1.File an application praying for custody of your child,
2. While making the above prayer in the above application, you shall have to explain how your having custody of the child in for the welfare of the child,
3. On being convinced that you should have her custody for her welfare, the order for her custody may be passed in your favour.
T. Kalaiselvan, Advocate
(Expert) 23 December 2014
File custody of your child under GW act, an interim measure, an IA seeking visitation rights also can be filed, consult your lawyer and proceed.
balachandran
(Querist) 24 December 2014
Author : balachandran
Posted about 11 hours ago
Sir how many days my daughter will be allowed to stay with me for visitation rights. If i demand my daughter should be stay with me ever because of Natural guardian will the court permit me?
Guest
(Expert) 24 December 2014
Mr. Balachandran,
Visitation does not mean custody and retention for any specific period.
T. Kalaiselvan, Advocate
(Expert) 24 December 2014
Visitation means a temporary arrangement for you to be with your ward(daughter)for a prescribed period of time as permitted by court. This being a court order, she cannot refuse you to meet the child during the allowed time or else she will be considered to have committed an offence attracting contempt of court. Though the father is a natural guardian, the girl child's custody shall be with the mother until certain age wherein the girl can decide about staying with either of the parent.
