Dear Sir,
- Please clarify the state of your case i.e Divorce taken or it is just normal separation without Court decree.
- The custodial parent denies you, your right to visit the child, this will result in “frustration of visitation” and you can approach to Court on same.
- Be informed under Hindu Minority and Guardianship Act, 1956, section 13 of the same act lays down that right of the father to be a guardian of the minor is subordinate to the welfare of the child.
- You can file petition at Family Court for visitation rights, court may pass a visitation order in favor of the noncustodial parent, establishing the visiting time and place
- Make sure your visitation rights are explicitly stated in a document with no ambiguous terms.
Regards
Vivek Arya