Access to son

Nilesh (Querist) 03 September 2017 This query is : Resolved
Respected experts, My DV, and maintanance case is in court. I am paying the interim maintananace to both wife and 5 year old son. Its been over 2 years they have not submitted the evidence. Also last month I have been granted access of my son every sunday for 1 hour. But they give reason every sunday,as a result of that I was able to meet my son on 2 sundays out of 6.
1. what action should we take on this access thing and also the submission of evidence.
Thanks in advance

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NANDKUMAR B SAWANT (Expert) 04 September 2017
File application before same court and mention all facts

Ms.Usha Kapoor (Expert) 04 September 2017
If your child hsas crossed 5 years of age you can file for child custody under Hindu Minority and Guardianship Act r/w Guardianship and Wards Act. If the child's welfare point of view you the court is convinced that you are better off than the child's mother to provide him with financial security, love and affection etc for his up keep till he turns int a mature Adult and a the court would entrust the custody of the child with you as the child's welfare is paramount consideration from court's point of view.Till the child completes 5 years in age you are given visitation rights of the child as per the following information provided under the link.
http://www.hrln.org/hrln/child-rights/pils-a-cases/1685-landmark-judgment-pronounced-by-sc-dealing-with-guardianship-a-custodial-and-visitation-rights-to-parents-and-children-stuck-in-matrimonial-disputes.html
Also refer the following landmark judgment on the following regarding child custody,visitation rights etc through clicking the link. I'm providing here.
http://www.hrln.org/hrln/child-rights/pils-a-cases/1685-landmark-judgment-pronounced-by-sc-dealing-with-guardianship-a-custodial-and-visitation-rights-to-parents-and-children-stuck-in-matrimonial-disputes.html

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Adv. Yogen Kakade (Expert) 04 September 2017
Rightly guided by Ushaji, nothing more to add.

Rajendra K Goyal (Expert) 04 September 2017
File contempt application for not following court orders.

If other party is not submitting evidences, prey the court through your lawyer to proceed without their evidences. struck

Guest (Expert) 04 September 2017
Your lawyer can guide you better.

Nilesh (Querist) 10 September 2017
Thank you so much respected experts. specially Ms. Ushaji and Goyalji.

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