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Harsimran   22 May 2017

Child visitation rights to grandparent

I am seeking advise on the subject issue, the matter in detail as follows:

My husband went abroad leaving me and out 2 yr kid (who is 6 yrs now) in India and didnt came back since last 4 yrs. He is neither in talking terms with me nor with kid since last 2-3 yrs nor he has given any finanial support to us since the day he left India. We are facing lot of family issues and I am being harassed by husband and his parents. Quite some times my husband tried to defame me on social media like facebook and I was forced to unfriend him and ask all my relatives to do so.

As on date his mother on his behalf (with POA) is seeking divorce with mutual consent under 13-B. I understand though she will be acting on behalf of my husband (for divorce) and they are willing to give the custody of child to me (without paying any maintenance) however in mutual agreement the Grandmother is seeking visitation rights for herself.

To my understanding the divorce is between husband and wife and she is acting on part of husband and I believe she donot have any right to seek visitation rights for herself.

I am not interested to give any visitation right to the paternal grandmother as I believe only she is the reason for this situation in our lives. Also, I know it well that she is not so attached to kid and only thing she want to do through this is to harass me and mind wash my kid with negative inputs and so on...

Please suggest if grandmother has leagl right to claim such visitation?

Can I deny visitation to grandmother or permit her visitation under terms like:

  1. visitation rights are with father and she may visit the kid only with father but not alone.
  2. If she wanna visit kid, she may do so only under my supervision and may not take the kid along.
  3. She should come and visit to place of my convinience. (This I want as they have harassed me alot as I am working woman. They had filed so many complaints of similar nature with various govt. bodies and I was forced to visit and respond to all those govt. agencies; which was a big pain and metal harassment for me.

Thanks!!



Learning

 2 Replies

Harsimran   23 May 2017

Thanks for your prompt reply Amisha. Everyone is aware of the system and processes to get justice through law. I just want to know if grandparents have legal right to demand visitation?

omprakash agrawal (director)     12 October 2017

I think grand parents have a right to visit kids .

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