Nazp 15 November 2020

Child visitation rights

We are married for 3 yrs and have a 2 yr old daughter and my husband had dropped me to my parents place as he was going out of station but while returning back he created a ruckus at my parents place due to his abusive nature and we had to call the police as he was not leaving and post which I m with my parents only but my husband sent me a legal notice asking to come back or he will go to court.

I have been a victim of domestic violence, financial abuse, dowry taunting and hence I wanted to take some time off from my marriage and decide whether to go for a divorce or give one last chance.

But my husband drops in every few days at my parents building on the pretext of meeting his daughter which my parents dont like

Can I legally disallow him from meeting his daughter and for how long?

Can he take legal action against me if I do not allow him to meet his daughter at this stage as we are not divorced yet but just staying seperately.

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6 Replies

G.L.N. Prasad (Retired employee.) 16 November 2020

Accept the fact that both father and mother are having equal rights on the children during wedlock. Let the differences be settled amicably through well wishers/family members/friends/relatives and finally through Family court. Everyone has his/her own story or their own version and it is difficult to expect guidance from third parties.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 16 November 2020

1. Irrespective of any criteria, Father CANNOT be denied access to his own child, till appropriate Court order is obtained.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

SHIRISH PAWAR, 7738990900 (Advocate) 16 November 2020

Hello,

You cannot restain your husband to meet your daughter. Further, you cannot take legal action to stop him from meeting daughter on the contrary he can take legal recourse against you for meeting his daughter.

P. Venu (Advocate) 16 November 2020

The facts posted suggest that there are still chances for reconciliation and saving the marriage. More than the law and its procedures, what is required is introspection in being honest with yourself.

Dr. J C Vashista (Advocate ) 18 November 2020

Get the disputes reconciled and sorted out amicably.

Father has a visitation right

Sureka Nagendhran (Senior Advocate) 18 November 2020

He has called you to the matrimonial house thru notice, give him a chance, try to settle amicably. you cannot deny the right of a father.

Even afterwards, you are facing the same Domestic Violence, u can go ahead with the legal remedies like filing case under Domestic Violence Act, claiming maintenance under section 125 of CRPC and also u can seek Divorce.