Amit Jain 29 May 2016

Wife restricting for child visiting rights

Respected Members,

I have filed for my child custody case and on reply my wife has stated that she is not comfortable in meeting me & hence she cannot take child for meeting for visitation purposes .My kid is around2.5years.I have objected same as I am interested to meet my kid and she is just giving excuses for not letting me meet. Also my FIL is abusive and notorious & she may pressurize court to accompany her or he can bring kid on visitations. Hence my questions are-

1)Does her excuse will stand well in Court

2) For My FIL or any member of her family-I specified in interim visiting application(u/s-12 of GWA Act 1890) to court for my not being comfortable. Will my plea will be considered

3) If they force to meet/see kid at their home due to my kids age-Will they succeed.

Please let me know with all your suggestions,

Thanks & Regards,

Amit Jain

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3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 29 May 2016

Mr Amit, Why dont u continue UR previous thread for further assistance instead of posting a new one with the same subject matter.

Vijay Raj Mahajan (Advocate) 29 May 2016

As the child if 2 1/2 years old, the court may agree the mother to accompany the child during your visitation.

The court can make order that the child be brought to a neutral place for the meeting with you and the father in law be ordered not to accompany the mother of the child if he has rash behavior, this can be harmful for the child's welfare too.

Amit Jain 30 May 2016

Thanks Vijay SIr for your advice!!!

I dont have issue and understand mother accompany kid as at least I am meeting my son,however she has issue and however in Women Cell and in Divorce she says her willingness to continue her matrimonial home.

Regards,

Amit Jain