Child custody
Guest
(Querist) 02 July 2013
This query is : Resolved
my child custody case is running 1.4 years
case number 46/2012 alipore court,kolkata.
I mentioned earlier ,i got visitation right order to my wife parental home,
I was beaten heavyly when i went to meet my son.
I then pray for visitation in neutral place .
After that 3 date have been passed,i have not got order
My Question is
1)Can i move to high court , asking for visitation of
my son in neutral place where the case is pending in
lower court?
2)Can i move to high court for speedy trial of my case ?
3)What is the exact age , that as per law joint-custody is possible ?
ajay sethi
(Expert) 02 July 2013
there are number of cases pending in family court . why should HC expedite your case .
get orders from lower court and if you are aggrieved by orders passed then move HC
Guest
(Querist) 02 July 2013
sir, this is not family court, this is district court.Me,my parents are in very poor
mental condition , that we can not meet my son.Is there is no remedy...? High court ? Supreme Court ? I want to go any where and
bear the cost too, but want to meet my son.Please any remedy ?
Devajyoti Barman
(Expert) 02 July 2013
1. You can move to high court but given the fact that no order is passed for fixing neutral place, it is better till the order on this account is first passed. You can go to high court by challenging a certain order which is not made as yet.
2. How old your suit is? In every case the high court does not pass order of speedy trial.
3.The civil jurisprudence in India does not recognise joint-custody. The custody would be given either of the parents only. The other would be given visitation rights. The custody orders are nevertheless liable for modification from time to time.
Guest
(Querist) 02 July 2013
But sir,
1)Week end over night custody for 2 days
(saturday & sunday)
2)Alternative birthday
3)50 of vacation with parents
I have seen this kind of judgement from kolkata HC,Supreme court a lot.
I least i should get this
ajay sethi
(Expert) 02 July 2013
have patience . you will get visitation rights but courts take time to decide cases on account of heavy backlog
Adv Archana Deshmukh
(Expert) 02 July 2013
Ask your lawyer to mention it before the court. It does take time to get orders from the court.
R.K Nanda
(Expert) 02 July 2013
agree with experts.
Devajyoti Barman
(Expert) 02 July 2013
Who said you that you can not get the visitation order of the kinds you mentioned?
