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(Guest)

Visitation right

I have appleal for child custody and interim visiterian right 4 month ago, my child is 1.1
years old .No FIR , No Child abusion case is against me till date , how many days to it tooks
to get visiteriam right?



Learning

 1 Replies

Tajobsindia (Senior Partner )     13 July 2012

@ Author,


1.
First your suit matter should be serviced upon her with NDOH known.
2. After that on NDOH she is supposed to file her reply or state Preliminarily objections as to why there is no cause of action and why suit matter should be dismissed !.
3. If court is in opinion suit stands trial then it will give you opportunity to file rejoinder to her W/S or Preliminarily Objections if any by NDOH with advance copy served upon them for oral arguments on merits of the suit matter.
4. On this date of hearing your side is supposed to press upon grant of interim visitation before issues are framed and opportunity for leading evidences by respective parties are given, so that a non- custodial parent is not alienated from child and v/v and express to concerned Court that due process of Court is complied with by both parties and main custody handing over matter is subjected to matter of long trial where visitation should not be kept in abeyance till then, as it will take years to establish case and child rights are rights of the child over parents rights in such sensitive suit matters.
5. Persuasive pleadings are call of the day and there is no set formula that as soon as non-custodial parent files a custody suit on same date visitation is granted. Well it did happen in few trial Courts proceedings but it were in favor of metro mother(s) hence  express force of metro child's innocent emotions and sentiments you being h/er natural father same way as she expresses by virtue of her natural supply of sari, sindoor and glycerin being natural mother. Well afterall a natural father is expected to know emotions and sentiment sof his own blood is it not so. By expressing them here in Internet no case is made out !

6. It may happen on "second date" of filing in Family Courts in Maharashtra as per recent approved Custody directions in child custody cases of children 0 to 36 months and 36 months and avove children cases as standing direction given by HC of Mumbai State of Maharshtra but in rest of the States in other parts of India such path breaking initiatives of Family Courts are yet to reach mind over matter of Presiding Officers in Guardianship Courts to follow read with pro-active activism.


BTW, apart from above 'Ipravachan', what discussion did you have with your advocate before signing vakalatnama ! These are generic FAQ's a propsective client is supposed to have asked and known during chamber discussions is my view? Now suggested read last 150 messages as homework in LCI Family Law forum on child custody / visitations queries that various segments of people had participated here and make a self FAQ scrap book to refer to in case urge to ask next "generic" que. comes in way.


Also next time mention before query dates of previous proceedings and what was the direction by concerned Court and or by you and or by her side was done with and when is next date of hearing and what direction Court gives to parties to follow on next date otherwise such enquires looks too objective and generic Igyan is only way out to give as general reply and same is ex
actly done as above J


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