Child custody and visitation right

Querist : Anonymous (Querist) 17 March 2021 This query is : Resolved
I got divorce in 2016. She filed a Maintenance case and then withdrawn on the same year 2016.
Meanwhile, i asked my daughter to see, for that she harrased by filing DV case against me and my parents in 2019. Very unexpectedly, i didn't receive any summon/notice from the court. Looks like, she got exparte order that is, Honble Judge said that i've to pay Rs.2500 monthly maintenance for my daughter. Seems that she again claimed maintenance for her and my daughter too Domestic Violence case in 2019 act. This information recently we came to know.

Now, i want to get my 8 years old baby girl under custody. They are not allowing to see my daughter.
I'm staying in vellore and she is staying in Trichy.

Can i file a Habeas corpus writ in high court of chennai for visitations rights remedy? I've a lots of merit grounds to get my baby with me.

or Shall i need to file a custody/visitation rights case in Vellore jurisdiction?

Follow Query

Report Abuse

K.S.Ramaswamy Advocate (Expert) 17 March 2021
In my view Habeas Corpus cannot be filed for the reason that the child where abuts are known, secondly consult a prudent lawyer, to see your daughter as matter of your right.

Advocate Bhartesh goyal (Expert) 17 March 2021
You have to file Petition for custody and child visitation under the provisions of Hindu Minority and Guardianship Act 1956.Habeas corpus writ is not maintainable in your case.

kavksatyanarayana (Expert) 17 March 2021
Yes. Consult your own counsel and ask him to file a case to get visitation rights to see your child.

Dr J C Vashista (Expert) 18 March 2021
You have already engaged / paid an able, competent and intelligent lawyer who is well aware about facts and circumstances of the case, follow his/ her guidance and move a petition for custody of minor and visitation rights.