Difficult in accessing the child

File for the custody and visitation under Guardins & Wards Act,1890.
This May 2015 judgment of Mumbai Bandra family court is the first in India which in an interim child custody/visitation order, has asked both mother (petitioner) and father (respondent) to make a parenting plan, and has created a shared parenting plan based on those submitted by both of them.  It has also explicitly refers to benefits and necessity of Shared Parenting in child custody matters, and to December 2014 recommendations of Law Commission on shared parenting.

Firstly, please note that all orders pertaining to children are interlouctary orders. Therefore, I would suggest you to apply for modification of the final order/ decree by which the custody was awarded to your wife on the ground of changed circumstances i.e. to say that your wife is not looking after the child and the same is affecting his overall well-being and his academics and pray for custody to be awarded to you. 

Sir, thanks for your reply..

On the divorce decree doesn't mentioned anything about child custody.Just mentioned that the child is living in Rasipuram along with her mother & her mother is taking care of the kids that's all

Also when i am discussion with my lawyer he says you have to approach the district court at Namkkal, Tamilnadu for the child custody since the divorce case is filed on combined civil court, Rasipuram, TamilNadu

Is it so or shall i ask the same court for the modification on the final order

please clarify

Your wife in her Divorce Petition had not sought for custody of the child? 

Then under those circumstances, as advised above, file a Petition under Guardians and Wards Act for being given the custody of the child.  Such Petition has to be filed in the district Court of the area where the child ordinarily resides. 

No my ex she didnt mentioned about the custody of the child in her petition. She has filed divorce petition under sec 13(1) cruelty & decree is granted based on that only.

Now i am residning in chennai, shall i able to file a case in high court, chennai or i have to file a child custody in district court where the child resides

on which court i can able to close the case as soon. Pls suggest

The District Court where the child ordinarily resides. But first collect adequate proof that the child is staying with his grandmmother and not mother. 

madam, can you suggest what kind of proof (regarding chlid is staying with his grandmother & not mother) will work out in court

In the divorce decree, she has mentioned that she is working in bangalore & kid is residing with her mother & stuyding in salem

i try to take out child school attendance copies which is signed by her mother everyday. whether this will work out??

suggest me other kind of proof that will be considered as a valid proof in court

If she had stated in her Divorce Petition that she was working in bangalore and child was with his grandmother in Salem and no step was subsequently taken by you, you will have to show how his grades are being affected whilst staying with his grandmother who is growing old and unable to look after him properly.  But tell me over the years, what steps have you taken for your child? have you given any money for his upkeep over all these years?

I could not able to take any steps becoz of various reason...I use to visit child every month or once in a while. Now i want to have more access to the child, so i am seeking an advice here.

I used to send gifts to my child  but gifts are getting refused & returing back every time

can you suggest what kind of proof (regarding chlid is staying with his grandmother & not mother) will work out in court)

suggest me other kind of proof that will be considered as a valid proof in court.

I could not able to take any steps becoz of various reason...I use to visit child every month or once in a while. Now i want to have more access to the child, so i am seeking an advice here.

I used to send gifts to my child  but gifts are getting refused & returing back every time

can you suggest what kind of proof (regarding chlid is staying with his grandmother & not mother) will work out in court)

suggest me other kind of proof that will be considered as a valid proof in court

Any proof which shows that the child is not happy in Salem with the grandmother or that it is adversely affecting him should suffice.  I would however first advise you to  build more contact with the child. Go frequently to meet him, send more gifts/ money.  If it is refused, record the same to your wife in an email.  You will have to cover up for the mistakes which you have committed by not seeking custody sooner.