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Kiran Kumar   30 April 2025

Family law doubt

Dear Sir,

I have three questions. 

My wife gave complaint for domestic violence after I came abroad , but police did not registered case because she is not able to prove it. She's been living in her father's house for the past 5 months.  

My questions are ,

1. If I apply child visitation,will it be counted as an approach for divorce from my side because my lawyer says not to apply for visitation because they take it as first move by me for divorce and liable to pay maintenance. I think this is not true.  

 

2. If I apply for restitution of conjugal rights , whether it will be counted as a first move by me for divorce by court or will it be an advantage for me ?

 

3. Since I'm living I'm abroad , can my parents request for visitation ?

Thank you 



 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     30 April 2025

What your lawyer said is correct in my view also.  Your parents' request may not be considered for visitation rights.

T. Kalaiselvan, Advocate (Advocate)     30 April 2025

1. You can file a child custody case and seek visitation rights as an interim relief, this is any indication of divorce, don't be misguided.

2. Filing RCR petition is waste exercise because even after fighting the RCR case for years and getting a decree in your favour, you cannot force her to live with you against her willingness.

3.. No.


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