Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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chandni jarkani   13 May 2021

Why m i not allowed to see my 5 year old son.

At the time of divorce, there was a clause that i am not allowed to interfere in my baby's life decission. but it was nowhere mentioned that i cannot meet him, speak to him or get the pic of him.

 

Since 3 years after divorce i am contineously trying to meet my baby, or atleast askng ex-husband to share the recent pic, but alas m not able to. he denies with en number or reasons.

Please advise..



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 8 Replies

lawyer_rajiv (9811284735) (lawyer)     13 May 2021

you being the mother, have all the rights to meet your child. I am surprised that you did not file visitation rights since 3 years. you may do the same now.

Sankaranarayanan (Advocate)     13 May 2021

State the facts clearly

Advocate Bhartesh goyal (advocate)     13 May 2021

Condition in divorce decree that you will not interfere in baby's life decision does not mean that you can not visit him.Its your basic/human/natural right to visit your child .No body can prevent you to meet your child .File petition for visitation rights .

Pradipta Nath (Advocate)     13 May 2021

Those type of clauses can be easily thrown into the Ganges river! No world's power can hold a mother to see her child! Please apply for visitation right for your child.

P. Venu (Advocate)     13 May 2021

The facts posted suggests deeper issues esp. as to why you had consented to such unusual conditions. Please post complete facts. 

T. Kalaiselvan, Advocate (Advocate)     13 May 2021

As a biological mother of your child you can claim rights over your  child.

You can file a child custody case under guardians and wards act  and also an application for visitation rights to visit your  child as  an interim relief till the disposal of the main case  as per the schedule or program that you may mention in the visitation rights application. 

You may consult an advocate in the local and file a child custody case as suggested and  also an application seeking visitation rights  to visit your child periodically.

Dr J C Vashista (Advocate)     14 May 2021

Originally posted by : chandni jarkani
At the time of divorce, there was a clause that i am not allowed to interfere in my baby's life decission. but it was nowhere mentioned that i cannot meet him, speak to him or get the pic of him.

 

Since 3 years after divorce i am contineously trying to meet my baby, or atleast askng ex-husband to share the recent pic, but alas m not able to. he denies with en number or reasons.

Please advise..

You have already abandoned your right of visitation /meeting the child. You should not have agreed. Legally you can not track back.

Now it is the option / choice / decision of his father (your ex-husband) to agree with you or not. Only your request may work, if possible.

I respectfully disagree with experts qua visitation rights of mother (author of this post) even under the provisions of Guardians & Wards Act, 1880, if father declined, who has accepted guardianship of the minor at the time of divorce.

dhananjay rtc   29 June 2022

When a mother is declared the rightful primary guarding, does it unburden the father of his responsibilities?

NO!

As mentioned earlier, one parent is declared as the primary giver. However, neither does that rip the parent off of their rights to the child, nor does it relieve them of taking responsibility for the child.

In the case of financial responsibility, there are no preset ratios of contribution expected from each parent. However, the financial responsibility of the child is split among the parents.

The financial stability and capability of each parent are carefully analyzed before making a decision.

Especially in the cases coming in India, a generous percentage of women applying for divorce are financially dependent homemakers.

This naturally puts the father in the position of primary financial provider.

However, if the mother is also finally stable, the expenses are split between the two.

Read full article here -Who gets the child’s custody after divorce?


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