You have mentioned that you have already filed a petition for custody of your child. For getting visitation rights to meet your child during the pendency of your aforesaid petition, you will have to file an application under Section 12 of the Guardians and Wards Act, under which the court has the power to make orders with regard to temporary custody of the minor child and also relating to visitation rights to meet such minor child, and this section is as under:
“12. Power to make interlocutory order for production of minor and interim protection of person and property.— (1) The Court may direct that the person, if any, having the custody of the minor shall produce him or cause him to be produced at place and time and before such person as it appoints, and may make such order for the temporary custody and protection of the person or property of the minor as it thinks proper.
(2) If the minor is the female who ought not be compelled to appear in public, the direction under sub-section (1) for her production shall require her to be produced in accordance with the customs and manners of the country.
(3) Nothing in this section shall authorise—
(a) the Court to place a female minor in the temporary custody of a person claiming to be her guardian on the ground of his being her husband, unless she is already in his custody with the consent of her parents, if any, or
(b) any person to whom the temporary custody and protection of the property of a minor is entrusted to dispossess otherwise than by due course of law any person in possession of any of the property.”
So, in order to get visitation rights, you may have to file an application to court under Section 12 of the said Guardians and Wards Act, 1890. In most states, such application is filed before the Family Court. It may be possible for you to get visitation rights to meet your minor child once a week, though it depends on the court.
Please also the following similar reply: My wife denying me to meet my minor child, what to do?
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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