Denial of access to my daughter
2 years ago
I have a 2 years 10 months old daughter who has been staying with my wife at her rented place since October 2020. As of now, I am not being allowed to meet or take my daughter for visit, even for medical reasons (she requires therapy recommended by child psychologists to ensure correct development at par with children her age). There is no legal separation, divorce or any other on record case between me and my wife, yet, being a biological and legal father, I am being denied access to my daughter.
I have shared the doctor's recommendations, second opinions as well as their contact numbers, however, I am not getting a valid reason from my wife for not sending my daughter for treatment, and further I have been subject to physical and mental abuse (to the extent of her brother threatening me and my mother who is 62 years old with a knife in front of my wife).
As of now, this is a clear case of child rights abuse as there is no valid reason my wife has provided for not letting my daughter undergo the therapy as well as there have been no efforts from her side towards the same.
Please suggest what needs to be done in such a case
You have to immediately approach Family Court seeking interim custody of the child or atleast visitation rights to see the child etc.
As per the facts which have been provided, you can file for the child custody. Filing a child custody case in India is complicated and one must consult a divorce lawyer in India to weigh in all the options before filing the case.
Hope this clarifies your query and requirement.
Thank you.
You need to file a child custody case in the district or family court along with the visitation right as interim measure. You must make the court aware that the child needs therapies and for that it is important for you to take the child to the therapist.
Anonymous
Replied 2 years ago
In addition to the above, is there any case under child rights law that can be filed against my wife for denying rightful treatment to my child?
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