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Nandha (NIL)     26 March 2013

Advise on seeking child custody

Dear Experts,


Wife alongwith kid left home 10 months back. So far no cases filed by either side. Husband wants to visit child but through court order.


Is it possible to file application for child visitation rights, without filing for RCR or Divorce? If so, please advise the procedure to follow!



 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     26 March 2013

File a petition in the court under the Guardians and Wards Act seeking visitation rights.

stanley (Freedom)     26 March 2013

@ author 


Yeah file for visitation under gaurdian and wards act. But very shortly she would be filing a case or cases for maintanence for herself and her kid which is my point of view .

Rahul Kapoor (Legal Enthusiast)     26 March 2013

proceed under GWA act.

file where child ordinarily resides.




Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 March 2013

Adv. Archana is right

Nandha (NIL)     26 March 2013

If i keep quiet without applying for visitation rights and did not visit my child, will it affect me in any case in future? my wife and inlaws will make me go around if i take steps to meet my child. my aim is that court should not say that I did not care for my kid. can you suggest ways to show court that I did my part even though I did not visit my child. thanks

Never Give Up (Fighter)     26 March 2013

If you are scared then nothing can be done.


Whatever court / your inlaws / society says is insignificant. What is significant is what your child says..Keep that in mind. Do not lose connect with child at any cost.

Adv Archana Deshmukh (Practicing Advocate)     27 March 2013

I agree with Never Give Up's advice that you should not lose contact with your child. True, that it is possible that filing of petition under GWA may trigger some litigation form your wife, but if you really value your relationship with your child and things cannot be sorted out of court then, this becomes the only option. I have seen parents who do not take immediate steps to be in touch with their child after seperation from their spouse, they after some years though file for custody/visitation in the court, their children does not even want to call them papa/mama... such are the ill effects of mind poisoning done by the parent who has custody of the child and has hostility towards the other spouse. No court order can wash out the brain washing done over several months/years to the child and the child loses all the affection towards the other parent. I have seen parents with tearful eyes desperate to hear some words from their children during visitation hours but the children just keep staring at the clock waiting to  complete the formality of vistation. So it is very necessary to be in touch with your child so that the father-child bond will remain intact.

2 Like




U have not given expressed Y ur wife left ur company and the age of the child. 

Father is a natural guardian.  B in touch with boy not by right but with love and affection.

Try to find out the reason for your wife  2 depart from u.

 If there is no serious allegations try to take ur wife into your confidence, automatically the chilld follows her.

Dont knock the court doors, hurriedly.

Try to pacify the misunderstanding through mediation.

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