Custody
Fighting for a cause
(Querist) 07 November 2011
This query is : Resolved
Today I spoke to my lawyer regarding moving an application for visitation of my 7 year old daughter in the same 125 case.
My lawyer replied that this court don't have powers to allow visitation, you need to move High Court. Then I requested him to file a custody case under G&W act. He replied that for a girl custody under muslim law you need to file case after she is nine years old.
Now I am confused that muslim law never came into picture in 125 case and regarding custody I need to wait for 2 years.
Kindly reply if you believe that fathers too, love their children.
Devajyoti Barman
(Expert) 07 November 2011
You can apply for custody of the child under G&W Act.
Shonee Kapoor
(Expert) 08 November 2011
Your lawyer is not guiding you properly.
GWA can be filed for the welfare of child at any age. The custody might stay with the mother, but you would get visitation for sure.
Also, though scope of child visitation is not there in CrPC 125, but courts do allow such applications mostly.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sailesh Kumar Shah
(Expert) 10 November 2011
you have no need to wait for 2 years. you can apply now.
prabhakar singh
(Expert) 10 November 2011
"you have no need to wait for 2 years. you can apply now." and "GWA can be filed for the welfare of child at any age" are the right answers for you.
Fighting for a cause
(Querist) 10 November 2011
Thanks a lot to all my ld. friends. Can you please tell me , the visitation rights if granted are for few hours or the father can take the child with him in school holidays like summer vacation or festivals. As my daughter is residing 1000 Km away from my place.
