Asked by a reader in Bengaluru

My spouse will not let me see our child while the case is pending. What can I do?

Answered by Advocate Sharan Jain··Family & Divorce Law

Short answer

Apply for an interim visitation order in the pending proceedings. Courts grant access readily because contact with both parents is treated as the child's right, and they can order supervised visits, video contact, or access at a court-monitored centre.

You do not have to wait for the final custody decision. Interim access is one of the things family courts deal with most often, and they generally deal with it quickly.

The starting principle

Contact with both parents is treated as being in the child's interest, and courts describe it as the child's right rather than the parent's. Total denial of access is exceptional and requires real justification, such as documented risk to the child. Ordinary hostility between the parents is not that justification.

What to apply for

File an interlocutory application for interim custody or visitation in whichever proceeding is pending, whether that is the guardianship petition, the divorce petition, or the domestic violence case. Ask for something specific and workable:

  • Fixed days and hours, with a defined handover point
  • Video or telephone contact on stated days, which courts grant almost as a matter of course
  • A share of school holidays and named festivals
  • Where trust has broken down completely, supervised visitation at a court-annexed child access centre
Ask for the order to be precise
"Reasonable access" is the least enforceable phrase in family law. An order that says "every Saturday, 10am to 6pm, handover at the Family Court complex" can be enforced. An order that says the parties shall cooperate cannot. Precision at the interim stage saves years of contempt applications.

If an order is already being flouted

Go back to the same court with a compliance or execution application, with dates. Courts take repeated, documented breaches seriously, and persistent obstruction is a factor weighed against that parent at the final custody hearing.

One caution

Do not respond by withholding maintenance, or by taking the child without permission. Both damage your case badly, and removing a child in defiance of an order can trigger far more serious proceedings.

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Go deeper on this

This answer is the short version. These guides cover the same ground in full, with the procedure, the timelines and the leading cases.

SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at August 1, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

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