Application for child access
minsal
(Querist) 28 March 2013
This query is : Resolved
Sir/s,
a wife has filed divorce petition against her husband on the ground of cruelty. during that she has filed an application for maintenance for herself and a young child. the husband due to his job in abroad was unable to present before the court on every date and the court also was vacate. during this period the husband has prepared an application for child access but as the court vacate, someone advised him not to present until the judge appoint. Husband therefore got notarised the said application for child access and kept with him. after new appointment, the judge on the very first date kept the matter for hearing and on second date he gave judgment about interim maintenance in favour of wife. fortunately on the same day the Husband was present in the court and he asked the judge about visitation of his child. the judge asked him to file an application for child access and the husband immediately tendered his application.
wife oppose the application of husband stating that as the court ordered for paying maintenance, husband filed such application.
she also blamed that the application of child access filed by husband is very late.
i want to know that is there any limitation applicable for filing such application. is there any judgment available in favour of husband?
thanks in advance.
Devajyoti Barman
(Expert) 28 March 2013
There is no limitation period The father can apply for child access at any point of time.
minsal
(Querist) 29 March 2013
Thank you Mr. Barman.
Raj Kumar Makkad
(Expert) 31 March 2013
You need not any judgment in support of your application rather this is the liability of your wife as she is opposing your application. Let her bring the relevant law in her support.
