Kamal (XYZ) 16 January 2014

I want to see my daughter

Dear Friends,

Me and my wife seperated for last eight months. Intermediary talks with her family failed three times. They are not ready release my wife. My wife is not ready to live with me. The main reason is that her parents are so much possessive and they do not allow us to live together. She also obeyed their orders. She has no confidence to lead a family life. This is the second time she run away from my home.

They do not allow my daughter (5 years old) to telephone me and they don't allow me to meet my kid. Recently I visited my kids school to see her. I informed the headmaster in advance one hour earlier by telephone. When I reach the school, Head master said that my brother in law (wife brother) picked kid to home half an hour before my arrival. I think that, Head master informed about my arrival to them, so they could fetch the kid to home early.

If I visit my wife's home to meet my kid, chance of quarrel with their parents and brother in law. They are very aggressive and no patience to talk. Any legal provision to see my kid?

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5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 16 January 2014

Dear,

See so far as the child does not compete the age of 5 years then according to Section 6 of The HINDU MINONORITY AND GUARDIANSHIP ACT, 1956, the custody remains with the mother but the natural guardian is father only. For immediate reference the section is reproduced as follows:

Natural guardians of a Hindu minor

The natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are-

(a) in the case of a boy or unmarried girl- the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;

But despite the present act, you have all the rights to see your child, better file a suit in a family court for visitation rights.

Advocate Kapil Chandna

9911218741

Adv. Chandrasekhar (Advocate) 17 January 2014

Your demand is very genuine. File a custody case and in that move application for visitation rights. You will definetely get visitation rights and can have regular visits with your lovely daughter.

S.QAISAR ALI ADV. (Advocate) 19 January 2014

you can very well enjoy of your visitation rights.pl file a petition in the competent court with the help of some local lawyer ,u will definetely be allowed for visit with ur baby.