Child visitation

Alpesh Makkampara (Querist) 26 December 2013 This query is : Resolved
My wife has filed 125 and 498 case against me .Both cases are under trial. I have 6 months old son. I want to visit my son regularly. what to do for this?

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Nadeem Qureshi (Expert) 26 December 2013
Dear Querist
file a child custody case before district court with interim application for visitation right under section 12 and 25 of GWA

Devajyoti Barman (Expert) 26 December 2013
Yes. do as advised above.
You can file application for visitation in matrimonial suit as well.

V R SHROFF (Expert) 26 December 2013
Yes. do as advised by Nadeem , above

no provisio in 498, or 125,
so move civil court / FC

ajay sethi (Expert) 26 December 2013
agree with experts

Rajendra K Goyal (Expert) 26 December 2013
Well advised by expert Nadeem Qureshi ji. Move as advised.

T. Kalaiselvan, Advocate Online

(Expert) 30 December 2013
Yes a petition under Guardian and Wards Act along with an application for visitation rights can be filed in the district court/family court. The petitions for the purpose cannot be filed in the 498a/125 Cr.P.C case.

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