LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Urgent-is child visitation on 125 crpc maintainable

Dear Experts,

I am in need of an urgent clarification:

(1) Mine is RCR and my wife filed for 125 CRPC Maintenance;

(2) I filed for Child Visitation Rights petition on top of her 125 CRPC maintenance based on my earlier lawyers advise and it is also numbered...

All 3 cases running for 3 years ...

Since my wife boycott her appearance for last 3 hearings , judge mentioned that she will pass on the orders/close both the cases in next hearing on April (Both RCR and her 125 CRPC as well) - since earlier in one of the mediation matter was deemed settled , but she backed up after that.  I have very strong proof that I have everything to live with her and only she deserted me (also not showing my 8 years old daughter as well)

However , judge mentioned that , the Child Visitation on 125 CRPC is not maintainable and she was wondering how it got numbered earlier....

So my question is - When the judge closes the cases on April , will there be any visitation rights she will order based on my visitation rights that was filed on her 125 CRPC Maintenance petition (if it is not maintainable , then how did the earlier judge allowed it to be filed and numbered???)

Even if that is not maintanable , atleast while passing the orders on RCR on my favour , can I pray for atleast weekly once visitation rights from the judge...

Since if I have to file again for Visitation rights under GWA , it might take another 1-2 years from now...

Please kindly advise...

Thanks,

 



Learning

 1 Replies

Adv. Chandrasekhar (Advocate)     01 March 2015

1.  In S. 125 cr.p.c. visitation rights application is not maintainable and be dismissed.

2.  In RCR, you can file visitation application, which is maintainable, but it will delay the disposal of RCR.

3.  While moving visitation application in RCR, you also file GWA case for custody of the child and interim relief for visitation.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register