Child access / visitation

How old is your daughter. If she is more than five years of age then you can seek custody through the court under guardian and wards act

Sir , my daughter is 3.5 years exactly. sir any other option for getting access / visitation.

In divorce case dismissed judgement , judge has clearly mentioned that my wife cannot look betterment of my girl.

"THE COURT SAID MY WIFE CANNOT LOOK FOR BETTERMENT OF MY DAUGHTER" Can U clarify.

Then U should have pressed for the custody of the child.But legally the mother has access to a girl child till she completes 5yrs of age.Even after completing 5yrs it is the discretion of the child whether she intends to live with the mother or the father.U cannot force her.Has the court ordered for maintenance for the child?

1. File a Civil Miscellaneous Application u/s 151 C.P.C. before the H.C. and emphazie therein that the Child too has a fundamantal right to have equal parenetage companionship and care of both the parents and just becasue the divorce petition filed by her was dismissed your application seeking visitation rights have also been sent to record without it being disposed off lawfully . The H.C. will  invoke such right of child and will accord visitation orders.

2. Alternatively since you have not filed any divorce petition and she is not returning to live with you you can file a petition seeking Restitution of conjugal Rights u/s 9 of H.M.A. and along with filing of such petition file at the same time a interim application u/s 26 of H.M.A. seeking custody of your child citing that the mother is incapable to provide adeqaute care and ensure the child's welfare.

 

1. File a Civil Miscellaneous Application u/s 151 C.P.C. before the H.C. and emphazie therein that the Child too has a fundamantal right to have equal parenetage companionship and care of both the parents and just becasue the divorce petition filed by her was dismissed your application seeking visitation rights have also been sent to record without it being disposed off lawfully . The H.C. will  invoke such right of child and will accord visitation orders.

2. Alternatively since you have not filed any divorce petition and she is not returning to live with you you can file a petition seeking Restitution of conjugal Rights u/s 9 of H.M.A. and along with filing of such petition file at the same time a interim application u/s 26 of H.M.A. seeking custody of your child citing that the mother is incapable to provide adeqaute care and ensure the child's welfare.

 

Rohit Sharma - I totally agree with my learned friend. This is the best advice given please do not ignore this. Following this advice will allow you to see your child with ease.

Thanks sirji !!!