Child visting rights application

Raman (Querist) 15 April 2014 This query is : Resolved
Sir, I need information that our case for maintenance is pending before the JMIC( 125 Crpc) and where interim maintenance is awrded for children..the father( my cousin) has not been aliowed to meet the children..In that case can we file the application for visiting rights in the same court i.e JMIC?? UNDER WHICH ACTS/ SECTIONS THE VISITING RIGHTS APPLICATION CAN BE FILED??

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adv. rajeev ( rajoo ) (Expert) 15 April 2014
You will have to file G & W case in that you can ask for visitation rights.

Raman (Querist) 15 April 2014
if the father doesnot want the custody( as child is small)..is there any way of seeking vsiting rights without filing G & W application??

Raj Kumar Makkad (Expert) 15 April 2014
Visitation rights can be provided by Family Court in any of pending petitions between the disputing parties so you shall have to file the petition under Guardian and Wards Act.

Devajyoti Barman (Expert) 15 April 2014
In that it is not possible. You have to file separate case under Guardian and WARDS aCT or in divorce suit of pending any.

Sudhir Kumar, Advocate (Expert) 15 April 2014
suitably advised based on existing facts

nothing more to add

Rajendra K Goyal (Expert) 16 April 2014
File case under G & W act,

T. Kalaiselvan, Advocate (Expert) 18 April 2014
Properly advised, follow the advises given.

V R SHROFF (Expert) 10 September 2014
Remember. only CIVIL COURT + (family court )have jurisdiction for custody cases..

Raj Kumar Makkad (Expert) 10 September 2014
If application is separately moved for the visitation rights, the same can be duly considered.

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