Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Jerafin   01 December 2015

Visitation right

I’m not a biological father; just I get confirm in DNA test, my wife cheated me, however, I love my son; past 2 months I didn’t see him. I have following documents saying I’m the father of my son.

  • Birth Certificate (Issued by state government of Karnataka
  • School Transfer Certificate
  • Family Card
  • Passport Copy

With this documents, shall I ask for visitation right 



Learning

 9 Replies

Adv. Yogen Kakade (+ 91 9225510883)     01 December 2015

Hi,

Firstly we have to see whether you have taken the divorce with your wife or whether the court proceedings are pending before the court. What are the grounds for divorce.

Not being a biological father of your son, you can still have a right to ask for visitation.

Adv. Yogen P. Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in  

 

1 Like

T. Kalaiselvan, Advocate (Advocate)     01 December 2015

The DNA test alone shall not be a deciding factor to confirm your fatherhood to the child.  As stated by you the birth certificate which was issued on the basis of hospital records shall be a vital document to prove the same. Dont give it up, you may fight till the end.

1 Like

laxmi kant joshi (instructor)     01 December 2015

The proofs which you stated is enough evidences to get the visitation rights, not matching DNA with your son is a cruelty upon you done by your wife and also a cheating and breach of trust, it is itself a sufficient ground for divorce.

laxmi kant joshi (instructor)     01 December 2015

The proofs which you stated is enough evidences to get the visitation rights, not matching DNA with your son is a cruelty upon you done by your wife and also a cheating and breach of trust, it is itself a sufficient ground for divorce.
1 Like

laxmi kant joshi (instructor)     01 December 2015

The proofs which you stated is enough evidences to get the visitation rights, not matching DNA with your son is a cruelty upon you done by your wife and also a cheating and breach of trust, it is itself a sufficient ground for divorce.

SAINATH DEVALLA (LEGAL CONSULTANT)     01 December 2015

Repeated Query,answered sufficiently previously.

https://www.lawyersclubindia.com/forum/Dna-test-comes-with-negative-result-130048.asp#.Vl1m8p5enIU

1 Like

advice   21 February 2016

my friend got MUD in condition ex husband to meet the girl child(ie visitation) ? now my friend to married and want to go aboard.  whether his ex  can file  a case for child custody based on she got second marriage?

SAINATH DEVALLA (LEGAL CONSULTANT)     21 February 2016

Even if either of them remarry the decision vests with girl child,where to live. Neither of the parents can force the girl child to live with them.

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     21 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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