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Somendra Narayan Mukherjee (director)     14 September 2010

Interim Custody of Child

My wife had implicated me with 498A.Now my daughter aged  two and half stayed with her. I had filed for an interim access to my daughter under Gaurdian & Wards Act. Please tell me wether  any law is there which can restrain a father from meeting its daughter? If it is not so then what is the maximum number of time in a month a father can get access to its child? Please give me a reply with a citation.    



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     14 September 2010

There is no law which restrains a father from meeting his daughter. However, when the matter goes to the court, considering the facts and circumstances of the case, the court in its discretion decides how many times a month the father should be allowed to meet his child. There is no hard and fast rule or strait jacket formula for deciding that.

3 Like

Somendra Narayan Mukherjee (director)     14 September 2010

Madam,

                 Can you give me any citation where a court has allowed a father to get right to visit his child twice in a week?

Somendra Narayan Mukherjee (director)     14 September 2010

Madam,

                 Can you give me any citation where a court has allowed a father to get right to visit his child twice in a week? with a case reference?

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     14 September 2010

Dear Querist,

 

Please find below some relevant which you may find of your use:

 

(i)  (2006) 9 SCC 197; (ii)  Paramjit Singh Lamba in AIR 2004 Delhi 318; (iii)  Sheila B. Das vs P.R. Sugasree AIR SC Ker 1343; (iv) Smt Manju Tiwari vs Rajendra Tiwari, AIR 1990 SC 1156 at 1157; (v) Kumar V. Jahgirdar vs Chethana Ramatheertha, 2004 (2) CCC 264 (S.C.); (vi) Merlin Thomas vs C Thomas AIR 2003 Ker 232; and a latest one decided by Hon'ble SC in Case No. Civil Appeal 5088-5097 of 2007 in Mohan Kumar Rayana vs Komal Mohan Rayana on 01/11/2007.

 

Trust this would be fine.

 

Rabin Majumder

Advocate & Attorney

For Nu.Delhi.Law.Fora.

New Delhi

Somendra Narayan Mukherjee (director)     16 September 2010

Thank You , Arunbabu for your extended support.

    Can anyone provide any citation that any custody of child has been given to the father on the ground that he is more efficient on social stand point and the mother is unable to upbring her child according to the social stand of a father ? While getting a visitation right does the court impose a injunction on the child? 

Please give me citation on both the occassions ?


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