FightForCause (Businessman) 21 April 2015

Visitation in gwa

Hi Experts,

I want to file for visitation of my daughter age 4 yrs under GWA.

I am living alone with my friends and my widow mother is living quite far from my place and is a patient. She is taken care of by my sister.

I had visiatation u/s 21 of DVAct , but wife now has withdrawn the petition so visitation order also got cancelled.

Is it OK that i file for visitation only right now under GWA and later for custody?

Should I make my mother also as petitioner along with me or its not necessary, my apprehension being my mother cannot travel often to my place due to ill health currently.

Kindly suggest the fastest wa to resume the visitation, my wife has also filed Divorce.....should i persue Divorce case and ask visitation in it or should I file for GWA itself.

I am also looking for sample format / draft application of GWA , which i can use for my reference as I am planning to proceed with case by myself, with exterior help from Local lawyer and expert advises from LCI.

Kindly guide.

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7 Replies

sandykrish (Interested in Family LAW) 21 April 2015

You are in the right track. Mention that you had applied for visitation rights u/s 21 of dv and she had intentionally withdrawn the case to create more trouble and to mete note cruelty. In case if either parties have applied for divorce apply for IA praying the visitation rights. In my experience applying for custody rt rights Wide GWA for a 4 year old is a tough proposition.

sandykrish (Interested in Family LAW) 21 April 2015

Why only pray visitation rights wide GWA. Apply for IA in divorce case and this is one of the fastest channel.

FightForCause (Businessman) 22 April 2015

Hi Sandykrish,

Thanks for replying. So u mean i should approach both channels via GWA and Divorce case?

Divorce case I have not got summons and I know it is my wife wish that I appear in divorce case asap so that it can be started. Though I am not running away from it , I wanted other cases to get complete so that I can then concentrate on Divorce related matters.

I have not read HMA law till now , can u tell under which section of HMA ( Divorce ) I should apply for Visitation?

sandykrish (Interested in Family LAW) 22 April 2015

Resolve the matter wide sec 26 of HMA.

T. Kalaiselvan, Advocate (Advocate) 01 May 2015

The formats for pleadings, until knowing the subject well, it will be dificult to prepare the same as it involves the specific grounds and presentation. Since you have already decided to take the help of a lawyer outside the court, brief him the facts and circumstances and get your petition drafted proprly and legally.

FightForCause (Businessman) 03 June 2015

Has filed application u/s 26 in Divorce Case.

Both were presented Parenting Plan on that day itself. Joint councelling also over but wife adamant to not let child meet father.

Wife had received and signed my application for Visitation, Can i go for arguments directly even if she do not reply to it , as I know they will take there own sweet time to reply to delay the proceedings as much as possible.

Some case laws for visitation u/s 26 of Bombay or other High courts will help. Kindly suggest if some specific judgement holds good.