Average time to take order for Child Visitation from Court

1. Average time depends upon Service of application to defendant party factor read with defendant first appearance and on that day availability of ld. Judge and your side doing a summary arguments on need of child to visit you is best interest of the child (period) and like I said before S. 12 GWA is a summary procedure and strict interpretation of lengthy codified procedures under CPC are not required to adjudicate in a S. 12 GWA proceedings. Well if you give just a foot long ruler to ld. Court then it is obvious the ld. Court and her side will take the mile length ruler indirectly so stick to interpretations of Law under what is summary procedure and what are mandatory exchangeable between parties as per CPC procedures……….
Reasoning:
Ld. Court has to take in account only two ingredients;
A. Status Quo to maintain - means right now under whose custody the child is maintain that unless a HCP pending before HC!
B. The petitioner is not criminal person and is not in Jail !

@Tajobsindia

Sir, I have recently lost a Interim Custody of minor child (boy of 8 years) case.  Since the boy was 1 year-old I used to take him monthly once and return him the same day evening.  But after getting a stay order in HC in interim maint case, the other side, stopped sending / access to my son since 6 months.  I want to see my son atleast in the court every 15 days till pendancy of main op and my CRP against dismissal of IA in child custody.  suitable advise Pls.  The other side also filed Crpc sec 125 after i got the stay.  Should i put forward a condition to the LJ that i shall pay maintenance only to minor son till pendancy of the 125 case, subject to the P's producing the minor son to court every 15 days to enable me access the child?

In CRP, you can move an I.A. seeking the visitation rights which were in force earlier to the granting of stay.

Gopinath,

Was this an arrangement of child visitation between you people or court enforced by court?

If it was a personal agreement, you would need to file for child visitation seperately, in CrPC 125, it is difficult to get such long visitation.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Thank you.  But it was only a mutual understanding all these 7 years with reg to my visitation. So, do you mean that I should file CRP and IA for Visitation separately.  If yes,  Whether this IA would not affect my prospets of getting child custody later?  Whether the IA to be filed in the FC or HC? Pls advise

Dear Gopinath,

This in no way would affect your rights.

You should file an application under Guardian and Wards Act, 1890 for the custody of the child (If you want it) where in you can request visitation rights/ temporary custody etc etc.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Thank you for your kind advice.