Child custody and visitation
Sundram N
(Querist) 06 November 2012
This query is : Resolved
Dear friends,
point is that, Husband is not granted anticipatory bail till now as it is pending before the session court. husband wants to file the case for child custody and visitation case so that, he is either granted custody or visitation right as the education of children are hampered day to day.
seperation from wife and children is about 10months till now.
wife filed maitenance u/s 125 and notice is not received by husband till now. case for maitenance is for herself and for two children.
kindly give advice that before granting anticipatory bail, husband can file the case for child visitation and custody and after geting bail he can file divorce.
please consider above the points and advice.
Devajyoti Barman
(Expert) 06 November 2012
Yes, before AB of the husband, he can file custody case of the child.
However without bail it would not be prudent to visit the child attracting Police to apprehend the husband at ease.
