LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


Interim visitation rights

Hello Experts, Wife has filed for divorce. I have filed RCR. 1 year old son in her custody. I m filing for interim visitation u/s HMA 26 on next date. I was meeting my son & wife (before she filed divorce) regularly up to his age of 3 months & could not meet after she filed divorce. I really love my son. I fear that my wife's lawyer is a big liar. So she will definately lie in argument the i have never met my son since his birth & i never cared for him, i neglected him 7 now i m asking for visitation jus to harrass my wife. he had similarly lied in HMA 24 argument. So how can i give some documentary proof along with may application to show that i was regularly visiting my son before case & i genuenly love him. Also Bombay high court has drawn guidlines for chid visitaion for non custodial parent. How can i take advantage of that . but i observed no father could get visitation access as per those guidelines. Whay it happens? pls advice. Thanks


 9 Replies

Adv. Chandrasekhar (Advocate)     04 October 2013

First of all clearly understand that courts will not believe whatever the advocates and their clients plead or argue.  they rely on documentary evidence.  the courts also know in certain circumstances even documentary evidence cannot be presented due to the peculiar nature of issue involved.  on this forum some sagacious suggestions were advised to non-custodial parent to prove his/her love/affection towards the child, which would be beneficial in future litigation either for visitation or custody.  for example a loving father can send amount for the welfare of the child through bank draft/money order or money transfer in child's mother's name asking her to spend the amount for the welfare of the child.  similarlly, birthday gifts, occational gifts can be sent and proof of that can be kept for future utilization.  if the child is living far away and the father travels long distance, those travel documents also will be helpful.  Finally, in your case, even though you do not have any documentary evidence or have not sent any amount either to your wife or just one year child, then also, it does not indicate that you have no love towards your child.  So, visitation rights cannot be denied on this ground.   But do not miss to send at least first year's birthday gift to your child and also do not miss to write e-mails to your wife seeking the news of your child, which would be helpful to you in your custody litigation.

1 Like

Perfectly replied by chandrashekar.

Thanks Chandrasekhar ji & helping hand Pls throw some light on my query that Bombay high court has drawn guidlines for chid visitaion for non custodial parent. How can i take advantage of that . but i observed no father could not get visitation access as per those guidelines. Why it happens? pls advice. Thanks


It's very strange as after knowing from very begining that "mere allegation's doesn't count any victory" until or unless the learned judges are not biased and who doesn't follow natural Justice,so stop assuming your cases. Just concentrate on your say and further pleading and arguement's along with evidences and witnesses. For child cutody and interim visitation right's one has to show the efficiency of his/her for bright future and well fare of the child. If you have such content's with strong proof then you will definately suceed.For interim visitation no law can stop any biological parent's for seeing his child,meeting his child.

1 Like

Experts pls tell me
How can i take advantage of guidelines of bombay High court for child visitation for non custodial  parent . but i observed no father could not get visitation access as per those guidelines. Why it happens?
pls advice.

binay (advocate)     04 October 2013

thanx mr.chandrasekhar, a nice solution

1 Like

stanley (Freedom)     07 October 2013

@ Author

Have you read the meaning in the dictionary between  guidelines and orders . Since if you notice  guidelines layed out are not binding upon courts and hence they tend to ignore the same . Now coming to your point of visitation . You being the biological father of the child at one stage or the other you would be granted visitation even though her crooked uncle lawyer will try to put in all false allegations stating that child does not want to meet the father or mother will state that there is threat to the child's life as father is a violent person, drunkard rapist etc but all these allegations has to be proved . 

Now take into consideration in our country even criminals are granted visitation why cant a biological father be granted visitation .So cheer up and keep your spirits high . 


Thanks Stanley for your positive words:-)

Adv k . mahesh (advocate)     08 October 2013

some points to enlighten 

1. child is very old enough if visitation and without regular visits he may forget you 

2. this is the time for you to get visitation because you have to spend valuable  time with you kid and some times you can get court permission to take you child for overnight stay with you 

3. about guidelines stipulated by the bombay high court nothing but to safeguard the parents rights at the time of visitation time

4. if you workout accordingly you will succeeded and also in future you will get custody of your child also in this process 

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register