Legal Question in Family Law in India

Law for Father to see and take care his child

I am married for more than 2 yrs, got baby girl in 2008Jul. My Wife delivered the baby at her hometown.Just after 3rd day of delivery my wife started fighting with me blaming myself and my family for many things. its almost 11 month we both are living our own homes. and I have not seen my baby since last 6 month, I am ready to do all kind of compromise but currently my wife is saying she doesnt want to live with me even if i get seperated from parents house. My question is- Is their any law where Father will be allowed to see and take care of his child? we are living in 2 different cities.


Asked on 2/11/09, 12:25 pm

5 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Law for Father to see and take care his child

YES, you can file a petition for custody/or meeting rights. but the petition needs to be filed in her hometown and you can take appropriate order from the court to meet your child.

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Answered on 2/11/09, 11:55 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Law for Father to see and take care his child

you can get visitation rights from the court.

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Answered on 2/12/09, 7:02 am
Nandita Haldipur Haldipur Associates

Re: Law for Father to see and take care his child

you can ask for visitation rights of teh child

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Answered on 2/12/09, 8:42 am
SHIVA SHANKAR REDDY M/S S&S LAW FIRM

Re: Law for Father to see and take care his child

Yes surely there is law as per wards and guardians act

1890.For further queries you are at free will but be sure be specific and open.

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Answered on 2/11/09, 12:42 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Law for Father to see and take care his child

Yes, you may surely get visitation rights to meet with your child. Before that, you should periodically (may be every week) write letters to your wife asking for permission to visit her and meet with the child. You may also want to send some gifts for the child as also for the mother.

You may also want to send a reasonable amount by way of bank draft / money order to your wife so that there is no financial constraint for her living expense as also for maintenance of the child.

Your rights are inter-linked with your obligations; if you have discharged your duties honestly and sincerely, the court is likely to reward you with a favourable order. You may keep in mind that law apart, Judges are human beings first and the relief is accordingly modified blending law with equity.

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Answered on 2/11/09, 7:18 pm


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