Child Visitation

Querist : Anonymous (Querist) 27 June 2018 This query is : Resolved
Can we file child visitation if there are no other cases like RCR or divorce or 498a?

Wife has left home since 2 months and not allowing to meet 2 year old son. In laws are threatening for DV and 498a but they haven't filed anything yet.

I am expecting the other cases might come soon but before they come can we only file for child visitation? I don't want to increase litigation from my side by filing RCR but have to meet my child.

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Vijay Raj Mahajan (Expert) 27 June 2018
File for custody of child under section 25 of the Guardians and Wards Act as the natural Guardian the child was removed from your lawful custody by the wife, during the proceedings you can always seek right to visit the child that will be allowed.

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Querist : Anonymous (Querist) 27 June 2018
Can we file for custody of 2 year old child?

Vijay Raj Mahajan (Expert) 27 June 2018
Why not you're the biological father, natural guardian and lawful custodian of your child ever since its birth.