All over world, the parents have joint guardianship over that child and the equal parental rights. Each parent has an equal right to the custody of the child if they separate or Divorced; but in India same rules applies only in Law books.
When we separated in 2000, she took my son, as I asked my Lawyer about his custody he said Father has no right to ask for child custody till child is 5 years old. As I was not in India, he said asking Visitation is also not possible, so I waited to turn him 5 year old. In 2003 I Applied [G&WC 1/2003 PRL CJ SR.DN UDUPI 31/05/2007] for Custody cum Visitation when I come to India; coz I was thinking about him and I Loved him. But Lower court judge was not ready to listen single word and keep on adjourning the case and in 2007 after 4 years, he said I never tried to meet my son for 7 years and disposed the case without any relief.
What a judgment, he keep on giving date after date for 4 years without granting any rights or visitation and at the end he was blaming me not to visit, even I met my son in School, none of these are recorded in case file.
Indian judiciary Blind folds Indian men and blame at the end for not seeing anything. Rights of Indian Fathers sealed under so called biased laws as Guardian and ward Act, without granting even visitation.
Anyway after this I approached High Court of Karnataka at Bangalore in 2007, hoping someone will grant me visitation. [High Court of Karnataka – Principal Bench at Bangalore – MFA 14863/2007 ] after fighting for 3 years in 2010 at last I got Visitation of my son, after 10 long years. she never got any order from the court for Visitation or Custody still her parents acting like they are the sole owner of all his Life, when she abandon him and left to middle east when he was just 2 years old. They enjoyed his Childhood, stealing his right to enjoy with Father once a while. Even High court of Karnataka granted visitation after long struggle only if I keep my Passport in court as a Surety.
If mother abduct child from Fathers custody that’s Legal but if Father ask for Visitation, he has to keep his Passport as Indian Legal system terming all Fathers as Abductors. That’s what Indian judiciary says “In the best interests of the child“. What this really means is at any cost keep Father away from his Child, and this notorious Verdict delivered by Hon’ble Judge/s AJIT J GUNJAL and B.V.NAGARATHNA of High Court of Karnataka