Child visitation in family court
Mrahi
(Querist) 01 August 2013
This query is : Resolved
I've proceeding in family court, Pune, Maharashtra u/s Hindu Adoptions and Maintenance Act filed by wife for maintenance for her n child. Though there is nothing mention on petition, judge had assumed that as petition u/s 18 n 20 of indu Adoptions and Maintenance Act. But at end of plaintiff its written tht court fee is not paid.
In meantime i'had ask for child visitation without mentioning any specific section. The judge has asked us to check if it possible for her to provide visitation in Hindu Adoptation n Maintenance act.
I have seen judgment stating that action initiated Ss. 18 n 20 is "proceeding" n not "suit" and court fee shld be paid AIR 2004 Raj 47(51) ; 2004(3) Civil Court C 2; AIR 2010 J & K 42 etc .
Secondly, If i'm paying maintenance for my son why shld it be so necessary for family court not to grant visitation citing technical things. I'm reluctant to file visitation under gurdian act as it will consume again sometime whereas this proceeding is on verge of order cud b prper argument will help me to convince the judge.
Response appreciated.
Devajyoti Barman
(Expert) 15 August 2013
Yes you can pray for interim visitation rights u/s 151 of cpc.
Mrahi
(Querist) 10 November 2013
I got the visitation order though the opposite party is not following it. The argument was base on that maintenance case didn't have specified section mention and since the matter is under family court. The family court is empowered to pass visitation order as it has power vested upon it through family court act.
