Your statement of facts is silent as to whether you have divorced or not. What do you mean by 'mutual settlement'? Have you divorced by filing a joint petition on the basis of mutual consent?
visitation rights or custody of child.
Hi Sirs, I got married in 2008 when I was in US. My wife became pregnant in Aug 2008, she came back to India in Nov 2008 for short term. In March 2009 because of lay off I also came back. We had baby boy in May 2009. Since marriage our relationship was not good. After Nov 2008, she never stayed with me. After making lot of efforts to get her back, my lawyer sent her legal notice to join me. In retaliation, she filed 498 A, domestic violence case against me and my family and also a complaint in Crime against women cell. After 2-3 months of hearing in Cell, Cell referred us to Mediation center in Delhi and mutual settlement was held. In Mutual settlement I had to surrender my visitation rights because my wife threatened , if I had not agreed for not having visitation rights, She will puruse the case and will make sure my whole family goes behind bars. Current situation is, I am not married, my kid is with my ex, I dont have visitation rights. my Ex wife married again. Can I appeal for child's custody or at least visitation rights now ? Please answer my question ..It would be great help.
Asked 10 years ago in Family Law
Religion: Hindu
13 Answers
from the facts narrated by you it appears that consent terms were filed in court and divorce by mutual consent granted . as per consent terms you had surrendered visitation rights .
your ex wife has remarried . you can apply to court for visitation rights . as a father you cant be denied visitation rights . even if you had agreed as per consent terms not to claim visitation rights still court will grant you visitation rights
you can definitely claim visitation rights,it is totally inhumane that a father is not allowed to meet his son.
plz clearify whether your divorce was granted by court or not. in any case u can claim visitation rights
First of all let me thank you all for your valuable answers to my question. Sorry !! Divorce thing was not clear in my question.. So having done mutual settlement, we filed for divorce on mutual consent. So we are legally divorced now. my kid is with my ex wife. He married again. I am still single. Thanks
Asked 10 years ago
as replied earlier
sorry for typo ;; she married again :)
Asked 10 years ago
you still can have visitation rights
This question is for Rajeev Bari. How much money and time it takes to get visitation rights in cases as mine. ?
Asked 10 years ago
you make application to court . you may get it in 6 months time . fees would depend upon lawyer you engage
Visitation rights cannot be denied even if you have given them up. Move court for visitation as early as possible if you want it.
Visitation may be given within 4-6 months, whereas the amount of money to be consumed will be the fees of your lawyer which he alone can decide.
around 6 months and money depends upon advocate to advocate
around 4 to 6 months. fees depend upon lawyer to lawyer
Dear Querist
you should filed a guardianship petition under section 25 of Guardian and wards act with interim application u/s 12 of GWA before district court. it is your right to visit your son and the court may consider that you are father of child so you may grant visitation right.
the money is depend on the advocate and minimum time will be 3-6 months.
feel free to call
The welfare of child is of paramount consideration before the courts while deciding the guardianship and custody rights. In your case since your ex-wife is remarried, the welfare of your child is jeopardised. You can file a petition for custody and guardianship of child if you don't want to keep yourself restricted on visiting rights.
