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mukesh (Executive)     13 May 2010

Visitation of Child in DV u/s 21

Hi All,

Want to know about, Can I get visitation right of my 7 years  son ( living with my wife ) in DV case u/s 21.

Any body have experince on it and Any body have any reference of judgement.

 

Mukesh Soni



Learning

 3 Replies

N.K.Assumi (Advocate)     13 May 2010

No need for citation as the section itself speak about such rights: " if necessary, arrangement for visit such child or children by the respondent.


(Guest)

1. As Sh. Assumi rightly said no need of citation. However one Trial Court in NCR Delhi has granted female child visitation to father u/s 21 DVA.
2. Sh. Mukesh what you have to plead is purely "welfare of child and best interest of child" when matters of "visitation of child" is taken by any Court only these two are seen and not "statutory rights" of parties.
3. Place yourself in position of your child and feel and say what a child wants as his/her feeling from his/her father. It is tough to visualise reading this reply, but believe me it is doable if one keeps statutory rights away and project "rights of a child" into pleadings in any Acts legislated till date and there pops "visitation" bze it is independent of main accused / complainant relations on board at bar :-).
All the best.
Rgds.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     13 June 2010

But how a male can get a relief under the provisions of DV Act?


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