Visitation right
Sandesh
(Querist) 14 June 2012
This query is : Resolved
Hi
I am my wife are taking divorce by Mutual Consent by filling the Mutual Consent petition. My wife doesn't want to give visitation rights of my son. My question is if there is no clause of visitation right or no visitation right in the mutual consent draft, can i seek the visitation rights after passing of the decree from the court lateron.
Sandesh
Devajyoti Barman
(Expert) 14 June 2012
Yes , you can.
Even if any such clause regarding non visitation is mentioned, you could enforce your right through the court.
Legal right can not be waived.
Adv.R.P.Chugh
(Expert) 14 June 2012
Even if you give up your visitation rights completely you can claim them in a court of law because of two reasons :-
1) Because child custody decisions are interlocutory and capable of being varied as per changed circumstances ;
2) As Ld.Burman said - you have an inalienable right to child's company which cannot be waived off, any covenant in such McD is not enforceable at all.
Adv Archana Deshmukh
(Expert) 14 June 2012
If there is no clause in the MCD as regards visitation rights, then you have unrestricted visitation rights to meet your son. If your wife prohibits you from meeting him, you can approach the court at anytime.
Shonee Kapoor
(Expert) 14 June 2012
Your rights can not be denied by any court.
Child custody orders are always interlocutory orders by its very nature.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
