Satya Guru (Manager Tech.) 04 December 2014

Meeting my daughter

My wife & I are estranged & living separately since Dec 2012. I have been trying to work things out with her but she is firm & has said she wants a divorce but not made a move towards it - at times she has shown signs she can relent but then retracts.

I havent lived with my daughter since she was 1 yr old & met her only a couple of times until Aug 2013. Since August 2013 she has not let me meet or talk to my now 3 year old daughter even on phone.

What can I legally do to get to meet my daughter soon so that I can re-establish my relationship with her? I want do this in a civilized & compassionate way to persuade my wife as I am still hopeful she will forgive & forget and get back together with me - so I dont want to ask for a divorce.

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4 Replies

Adv k . mahesh (advocate) 04 December 2014

best efforts to pursued your marriage is as you already tried yourself why not involve a third person if this process is not done let that person may be her close friend, relative, her parents, an elderly person to have a discuss to make things right for you to solve this issue

because from your words its seems you want to be happy then if this process is not fruitful then try legally by filing guardians and wards act for visitation rights

Satya Guru (Manager Tech.) 04 December 2014

Can the Guardians & Wards act be used for visitation in this case? I dont want to use it if my wife relents, but may have no option as its already been 1.5 years.

Adv. Chandrasekhar (Advocate) 04 December 2014

Ur wife is in quandary to live or not to live with you, whereas you want to have relationship intact. Ur daughter is going to be a living bridge to rub-off all the differences and bring spring in your matrimonial life. Guardian and wards Act is the correct and the best solution for you. File a case and seek visiting rights atleast once (ask for two evenings of two hours each) in the front hall of the house where your wife is residing. The court will certainly grant the visitation rights to you atleast once in a week. Use these visitation rights to enjoy the company of your daught er and not to forget, use these meetings to mellow your wife and to remove all her grievances against you and pick out the pinpricks and resume matrimonial life. Unlike in other cases, the visitation rights to be allowed in your case should serve double purposes as explained above.

have a heart foundation (member) 04 December 2014

Hi,

Kindly click or copy paste the Link below and Sign the Online Petition to Support Shared Parenting Law in India.

https://www.change.org/p/law-commission-of-india-support-shared-parenting-joint-custody-to-bring-reforms-in-outdated-law-related-to-child-custody-visitation?recruiter=53145794&utm_source=share_petition&utm_medium=email&utm_campaign=share_email_responsive

Also forward this link to your friends and relatives to support this noble cause of the children to be with ensured love and affection of both parents.