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visitation rights

(Querist) 06 October 2014 This query is : Resolved 
Dear experts,6 months ago my wife left my home with my son who is 2 years old now.in spite of my several efforts she is not coming back and living with her parents.she says she want divorce but want me to file it first.as I m not willing,she is not allowing me to see my son.till date there is no case filed in court.so can I meet my son at their place.I do not care about 498a now.but can police arrest me on the complaint that I forcefully tried to meet him.
Dr J C Vashista (Expert) 06 October 2014
No, the police shall not arrest till there is some force or threat is used, just explain them that you have been here to see your son, nothing wrong and nothing to worry.
You should file custody of the minor although you have to prove it to be better than your wife and the child should also tilt more towards you. If the court do not grant custody you shall easily get visitation right.
However, as a counter-blast, you should be mentally prepared to face the cases of cruelity, dowery demand, maintenance, shared accommodation etc.
Get the services of a well experienced and mature local lawyer.
ajay sethi (Expert) 06 October 2014
as father you cannot be denied visitation rights . file for custody of your son
Adv Archana Deshmukh (Expert) 06 October 2014
As your son is only 2 years old, it is unlikely that you will get his custody. So, file for visitation rights along with an application for interim visitation rights.
Sachin manjarekar (Querist) 06 October 2014
Dear experts,thanks for your advice.but I want to know if I can see him without filing the visitation rights application. Coz it is possible that I may get visitation rights to see him only once in a week that's also for few hours. Without going to court I can meet him whenever I want to,of course if its legal and until my wife goes to court to stop me from visiting him.so is it possible to meet him without getting arrested?right now I'm not thinking about 498a or other charges.
Nadeem Qureshi (Expert) 06 October 2014
Dear Querist
being a father you have right to meet the child but through due process of law, because the child is in custody of natural guardian mother. it will be better to file a child custody case under Guardian and wards act along with an interim application for visitation right.
otherwise there may be complications
Rajendra K Goyal (Expert) 06 October 2014
If you visit without proper court orders, there are all possibilities of complicacy, police may not arrest you for seeing your son but any false case can be framed.
Dr J C Vashista (Expert) 06 October 2014
You are totally confused, you want to ensure visitation rights and donot want to file application in the Court, what is this?
If you do not want to invoke law to ensure your legal right what made you to post this query?
What do you think and what do you expect from the legal experts on this platform?
Sachin manjarekar (Querist) 07 October 2014
Firstly, thanks everyone.what I came to know from experts' advice is I can see my son and police can't arrest me but my wife can file a false case of harrasment to get me arrested.so I ve consulted a lawyer today.she is gonna send the notice to wife to allow me to tale my son to my house 2 times a month between 9 to 5.30.is it a good move?
malipeddi jaggarao (Expert) 09 October 2014
Dear Mr.Sachin
Though you have send notice to your wife through lawyer, she may not agree to your proposal.

There are only two ways:
1. Have reconciliation - make introspection and rectify yourself if there are any problems. Have a peaceful talk with your wife and win her heart. Rope in the elders and settle the matter amicably.

2. Resort to legal recourse. File a case for custody of the child. Though at this age, court may not give custody of child, definitely it will give visitation rights.

If you want to see your son whenver you want, there is no other go except having reconciliation with your wife. Ascertain her problem and try to solve it amicably. If her problem is imaginary make it clear to her that she need not entertain such inhibitions in the interest of the child, it is better to live together.

Choice rests with you.
T. Kalaiselvan, Advocate (Expert) 09 October 2014
Your son, you have rights to be with him, see him, visit him and spend time with him. However since you and your wife are staying separately,she may cause unnecessary problems to you if you go to her house as uninvited guest. However since there is no legal case between you two as of now, it will not be considered as illegal to meet your own son in her house. If you think you can manage her actions due to provocation, go ahead. It will be advisable to not to approach for legal remedy for the problem which appears to be solved even now by proper reconciliation efforts, you know better.
Sachin manjarekar (Querist) 09 October 2014
Dear sir,(Mr.jaggarao).I tried my level best in these 6 months.But she is firm on her decision.Let me assure you that me and my parents did everything to please her in 3 1/2 years of my marriage life.I just can't understand what's going on in her mind.she is one among the people who don't want to be happy and don't want others to be happy.these circumstances changed my way to see towards the people.anywes thanks for your advice.I'll try to save my marriage till the end of hope.
Sachin manjarekar (Querist) 09 October 2014
Dear sir,adv.Kalaiselvan.your advice was really very well put.you understood very well what I wanted to ask.thanks a lot.it was bang on.


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