Meeting rights for grandma

parminder630 (Querist) 16 May 2013 This query is : Resolved
Dear Sirs

I am 69 years old senior citizen , a widower,cancer surviver , heart patient and a diabetic. I have /had three children. I am a very very unfortunate lady /mother and living a depressed /suppressed and meaningless lonely life.

- My youngest son was 37 years old .I had lost him in 2011.After his sudden & untimely death his widow and her parents harassed me a lot,went to women cell for false dowry cases , police etc for want of properties .She has left us and lives with her parents who wants to re marry her. She took my grandson with her who is now 3 and half years old . As per mutual agreement which is signed between us we gave her all her stuff that she wanted back, NoC for susccession of my deceased son's business with a clause that she will send the kid to our place every sat & sun and on festivals which she did initially with lot of nakharas .

Gradually she started fights on this issue and made it every fortnite. Now she is saying she will not give the kid at all.

If I approach the court ,what right court will allow me ?What could be the possible time/interval for which court will probably allow me to meet my grandson.

I have a daughter who is 41 years old and has no kid .She loves this kid a lot .Will my daughter also have meeting rights after I die .

Kid loves us a lot and he looks forward to meet with us .

Pls let me know my rights and time interval that court will probably allow me.

Thanks in advance.

Regards

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Raj Kumar Makkad (Expert) 16 May 2013
Legally speaking, you or your daughter have no right of visitation even after making a mutual consent agreement. If mother desires or allows, only then you have permissible right otherwise you cannot agitate before court and even if do file any petition, the same shall be a futile excercise.

ajay sethi (Expert) 17 May 2013
grand mother can petition court for visitation rights of grand son . in the present case son is dead and grand mother wants to meet her grand son . in addition mother has categorically agreed to permit grand son to meet his grand mother . in my opinion court would permit in interest of justice

in England legal right of grand parents to be in touch with grand children after divorce is increasingly recognized

in USA The Visitation Rights Enforcement Act was signed into law on November 12, 1998 and was a major improvement in achieving a uniform state visitation law making provisions for grandparent visitation consistent from state to state.

It guaranteed that grandparents can visit their grandchildren anywhere in the United States as long as they have visitation rights in one state. This law does not impose a federal decision about a grandparent's visitation right in any state. It calls for reciprocal recognition of grandparents' rights once a state has established those rights.

Raj Kumar Makkad (Expert) 18 May 2013
Such visitation rights in India are solely dependent over the mercy of mother of minor grand children. There is no such law recognizing the law of England or USA in India as on day on this aspect.

parminder630 (Querist) 21 May 2013
Dear All , Tks a lot for your time & advise.

Prabhakar Sir & Vashista Sir, I do not know why I am unable to see ur reply here though I had recd a mail that you have replied.

Regards