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Known (B)     02 March 2010

Visitation rights

Do I need court order for visiting my son or is it ok if I inform the local police station.

Please advice.


 9 Replies

Suchitra. S (Advocate)     02 March 2010

You have to get the visiting rights ordered by Court.


If the custodian of child does not have any objection, you need neither police permission nor court's permission.  If there is objection, then only court's order for visitation rights is required.

Daksh (Student)     02 March 2010

Hi All,

I concur with Mr.Prabhakar.

Best Regards


AEJAZ AHMED (Legal Consultant/Lawyer)     02 March 2010

Dear unknown

In addition to Probhakar's reply, it is needed detailed info pertaining to your query.

Known (B)     02 March 2010

I think my wife is a sociopath or a psychopath. She has been behaving abnormally since the day we got married 3 years back.
On our first night she asked me to transfer all my money to her name.
When she was 4 months pregnant she damanded 1 crore through her father.
Later she wanted me to give 5 lakhs per month ie my salary at Tokyo.
I told her if she doesn't like me I'll give divorce. But refusing to give divorce.
Now she is blackmailing me by illtreating my son by not feeding him and acting as a paranoid when I tried to feed my son.
She is refusing to meet a psychiatrist, though I'm telling her that I'll also get diagnosed with the same doctor if there is anything wrong with me.

We are not living together for past 2 1/2 years.


G. ARAVINTHAN (Legal Consultant / Solicitor)     02 March 2010

You have to file a Guardian Wards Original Petition to get an order from Family Court or Competent Court


1. Both of you need counceling from near and dear ones.
2. Given to understand out of the 3 years of marriage some 2 plus years you both never shared single roof and out poped a child who is 2 years old. So in that case para 1 is triable option.
3. Atleast keep sending some gifts / money for upkeep of wife n child within your means till things come to some clarity.
4. The safest litigation that you can start is Child Custody suit with visitation as prayer currently since child being some 2 yrs old and you as anatural guardian hs a right to see welfare of child is protected well.
5. Your given brief needs further clarity as to location of you two in current scenarios as rightly ointed by Sh. Aejaz sahib. This question also concerns any suit that either of you may file in future (jursdiction point of view).
All the best.

Known (B)     03 March 2010

If she is not willing to give divorce, I cannot do anything in the current scenario. And I think the only option for me is to get ex-parte visitation rights to my 2 year old son.

Adv. Biju Gopal (Advocate FAMILY LAWYERS Kottayam Kerala     04 March 2010

You may file a G & W petition in the Family Court, where your child resides.

Adv. Biju Gopal

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