Legal Advice

Visitation right of father: Wife does not allow me to meet my son

Question: I want to know about the visitation right of father. My wife has been living with her parents for nine months. She does not allow me to meet with my eleven months old son. She is not even ready to celebrate his first birthday with me. It is more painful for a father because he cannot meet his lovely child. Sir, I am very depressed and want to meet and take him away from her mother. Is there any law which can solve my problem? 

Advise

Father is the natural guardian of his child. According to section 6 of the Hindu Minority and Guardianship Act 1956, father is the natural guardian of his minor son and unmarried daughter. After him the mother becomes the natural guardian. There is an exception in Section 6 which provides that the child below the age of five years shall ordinarily be with the mother.

Guardianship and Custody of child

Father, however, cannot take custody of his new born child but he has the right to meet or spend some time with his child. Section 13(2) the Hindu Minority and Guardianship Act 1956 enumerates that: no person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law relating to guardianship in marriage among Hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor.

When you apply for custody of your eleven months old child, the court will reject your application. The court will only consider the welfare of the child. Conduct, marital relations and behaviour of parents are immaterial in respect of custody of a child. 

Visitation right of father

When the child is below the age of five years and living separately with his mother, the father has a visitation right. He cannot take custody of his child because it is in the welfare of the neonatal to be with the mother. The mother feeds him and he depends upon his mother till the age of five years. 

A non custodial father i.e. a father who cannot get custody of a child under the law, has a visitation right. In this situation you have a visitation right because the father should also spend some time with his child. It is also necessary to keep the child away from the personal differences of his parents. You can spend time with your child on weekends, holidays or festivals. 

The facts of your case do not allow you to apply for a visitation right because there is no separation between you. Father’s visitation right accrues after dissolution of marriage, divorce or judicial separation. When the marital relationship comes to an end the question about guardianship, custody of child or visitation rights arises. 

You should try to bring your wife back to the matrimonial home. Try to settle your dispute and don’t indulge in frivolous court cases. It is good for you to talk with your wife and rule out her misconceptions.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Latest Advice

Stepmother can get share in ancestral property after death of father

My stepmother is asserting her share in the ancestral property, currently registered under my late grandfather’s name, who passed away four years ago. The property is yet to be distributed, and my stepmother vacated our ancestral home three years ago, residing elsewhere with her daughter. The daughter, who lived with us before marrying 25 years ago and subsequently leaving our house, is now asserting her rights over the property. I seek advice on the validity of my stepmother and her daughter’s claim to my father’s property following his demise.

I lied to my boyfriend about my divorce now he refuses to marry

In 2017, I separated from an abusive marriage. After some time, I started dating someone. In 2021, I got divorced, but I didn’t disclose this to him because I was concerned that he might judge me. Now he is refusing to marry. We have been in a sexual relationship for three years. He is 23 years old and my age is 38. I love him because his sexual orientation meets my desire. How to initiate a legal process to compel him for marriage?

Can a single accused seek quashing of FIR

An FIR has been filed against four accused individuals, and Accused No. 4 possesses a distinct identity. Question: Is it possible for the High Court to quash the FIR only against Accused No. 4? An FIR has been registered, and a C-Summary has been submitted to the Honourable Magistrate. The complainant has filed a Protest Petition, leading the Honourable Magistrate to return the C-Summary to a new Investigating Officer for further inquiry. Question: At this stage, can the alleged Accused No. 4 seek relief by approaching the High Court to have his name quashed from the FIR?

School authorities are creating a private nuisance

I have been living in a residential area for more than 17 years. There is a school behind our house, and it does not have any wall connecting to our house. Recently, they have constructed a horse shed without any wall, using iron pillars. Now, I am unable to sleep in my bedrooms due to the horses kicking on my wall and the noises they create. Additionally, I am unable to use my rooftop because of the foul smell generated by their excreta. The condition of my wall is deteriorating due to this shed. I had previously approached the SDM office, but the opposing party allegedly bribed the official. What legal remedy should I pursue against the school authorities?

My wife and her family don’t allow me to meet my daughters

My wife and her family does not allow to meet my daughters since 1 year. My elder daughter is of 3 years and younger is of 10 months but they not allow me to meet them. many times me and my family members try to take her back to house but she demand to do property on her name .since 1 year she is with her parents she did not even tell me how is my daughter’s and did not allow to talk to them on call.

Husband denied to access my matrimonial home

I resided with my husband for a duration of five months in an apartment. The house is registered in the name of my father-in-law, yet my in-laws reside in a different state. I am the individual who invested all of my finances in the interior and household accessories for the house. This decision was made under the understanding that it is my residence, and consequently, I am accountable for its furnishings. I willingly accepted and utilized my entire salary for this purpose.

However, my husband is engaged in an extramarital affair and desires to marry his girlfriend. He is pressuring me to initiate a divorce and is also subjecting me to physical harassment. In response, I have filed for a Domestic Violence Complaint (DVC) seeking a residential order. Unfortunately, I am being denied access to my home, with the explanation that it belongs to my father-in-law. I am in need of assistance; please help me.

CO of the same regiment headed SCM: Can I challenge the proceedings of SCM?

I was detailed on duty on 2045 hours thereafter, an officer came and found me sleeping. He then slapped me and called me to appear in office on the next day. On the very next day that officer abused me then I slapped him in front of some other soldiers. This incident was recorded and SCM was recommended after the court of inquiry. The CO of the same regiment headed the SCM. He was biased and conducted one sided trial. Thereafter I am discharged from the service. My total length of service is thirteen years nine months sixteen days. Is there any change of reinstatement?

Terminated from service on the ground of bigamy

Enlisted in the Indian Army in 2001, I married in 2006. While on duty in Arunachal Pradesh, my wife engaged in an extramarital relationship with a civilian, prompting me to send a legal notice for divorce. We divorced in 2013 after she initially filed a divorce and maintenance case in 2010, which we later resolved through mutual consent. In the same year, she also accused me of bigamy, leading to termination from the Army. Seeking guidance on the appropriate course of action in this matter.