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Sukhija (Advocate)     20 June 2010

visitation rights

Hi Everyone!

Muslim couple r divorced as per their personal law. At the time of divorce girl has stated in her talaknama that she is handing away her minor son to her husband and there r witnesses to this fact. The girl afterwards changed her mind n claimed his custody thru police station as the child was 3 years old at that time. The police helped her to get her son saying that boy shd get court order for custody then only he will have custody of their son. The custody petition is pending before court. filed by both as summons were not served and therefore other party was unaware of petition pending.

Now my query is whether I shd file interim custody of my son/ visitation rights application ? now the child is 5 yrs old. OR I shd contest my custody petition?



Learning

 1 Replies


(Guest)

1. Interim Custody Application is for granting visitation till disposal of main custody petition.
2. If you have filed for custody petition then showing changed circumstances you may go ahead and file interim custody application wherein visitation will be granted.


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