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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..



 7 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 (Lawyer)     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.


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