visiting right
simranjoshi
(Querist) 18 September 2009
This query is : Resolved
I was tortured and harassed emotionally, physically & financially by my husband.
I stayed with my parent’s through-out the pregnancy and even after. Now my son is 2 yrs old.
When my husband came to know that I'm not going to stay with him then he filed a divorce and wants visiting rights for 5 years.
I'm completely against the visiting right as he mentally disturbs me so much that I will not stop crying for many days. Even son is not ready to see him. He cries too much after seeing him.
Now I was wondering if somebody can suggest what I should do. Should I give visiting rights? In either case, he is not going out of my life. Do you think after 5yrs of visiting rights he can claim for custody of son? Just to let you know, they don’t have any boy in their family so for generation-sake they want this boy.
Unfortunately, my lawyer is not doing great job. And I can’t afford new lawyer to start from scratch.
Any suggestion is really appreciated.riven
Kiran Kumar
(Expert) 18 September 2009
simran ji, technically a father can not be denied visiting rights unless and until he surrenders such rights.
after 5 yrs he may or may not go for custody....better make some arrangement in this context during divorce only, he has filed the petition not u.
better consult ur local lawyer in this context, reason being the kind of query u ve floated can not be answered precisely without knowing the acutal facts and circumstances.riven
Raj Kumar Makkad
(Expert) 18 September 2009
Simran ji! The Protection of Women from Domestic Violence Act, 2005 contains the provisions vide which even father of the minor child can be restrained to visit and see him. You can file a petition under section 12 of this act. I am sure that you shall get the desired results. Various releifs can be granted under this act fit in your case. Consult local lawyer or take help of Secretary legal Services Authority of your area who can provide you lawyer free of cost.riven
Sarvesh Kumar Sharma Advocate
(Expert) 18 September 2009
better take help of Secretary legal Services Authority of your district court who can provide you lawyer free of cost.riven
Kiran Kumar
(Expert) 18 September 2009
Mr. Makkad has supplemented well.riven
simranjoshi
(Querist) 19 September 2009
I really appreciate for all your help. Mr. Kiran kumar,Mr. Makkad, Mr. Sharma.
Do you know any website for "local Secretary legal Services Authority"? I'm residing in Delhi (North west).
Thanks again,
riven
vinjamuri ranga babu
(Expert) 19 September 2009
hello,
that both the father and mother have got rights over their children. So, nothing wrong that father claiming visiting rights over your children. so far as claiming for custody is concerned he can claim at any point of time. there is no bar .
vrriven
