child visitation
ashok
(Querist) 02 March 2014
This query is : Resolved
sir/madam
a house wife has got interim visitation rights to visit her only 8 years old school going child under DV act and her application under sec 9 rcr pending.The court has directed respondents to bring child in court hearing once a month and mother can go child's place of residence any time.As such,the mother visit her son's place which about 100 km from her residence place all alone , to see his son in a park for one hour or less that too under the eyes of respondents accompanying the child.But the respondents are not bringing the child in court,on one excuse or other rather their lawyer appears.which leads mother to suffer frustration and harrassment
Under the circumstances,can mother pray to amend orders to allow her son' custody during his school vacation insread of visiting son in court..The local lawyers are confusing the issue..please guide
Advocate M.Bhadra
(Expert) 02 March 2014
As her child is minor so she can file an application for permanent custody.She can also file a case u/sec.97 Cr. P. C. in Magistrate Court.
Custody Of Child
Though all matrimonial laws provides a provision regarding custody of child, but the real power lies under Guardian and Wards Act-1890. Guardian and wards card are empowered to determine the issue of child custody.
Generally Guardian and Wards Court have power to grant:
â—¦Permanent Custody ,Interim Custody and Visitation Right
Permanent Custody is awarded by the Court after determination of all aspect of the case. Prime Criteria before awarding final custody in favour of one spouse as against the other is Welfare of the Child.
Important factors, amongst other, which are considered by the Court in awarding custody are:
Interim Custody is awarded by the Court during the pendency of the case before it. Generally, the Court awards interim custody when such an order does not affect the over all development of the child and same is in no way prejudicial to the interest of the minor. Court tries to bring equilibrium between the husband and wife and also keeps a vigilant eye that the child should not become shuttle cock between warring spouses. While awarding interim custody, Court has power to impose certain conditions which could be deposition of passport of minor, if any and/or direct the party to deposit its own passport so that the child could not be removed from the jurisdiction of the Court
Visitation Right is granted by the Court at two stages. Firstly, at the stage of trial, and the other, after determination of entire issue of the appointment of Guardianship of minor by the Court. Indian law is clear on the point the proper development of the child is possible only after the child is showered with the love and affection of both the father and mother. Once the permanent custody is granted to one of the spouse, other parent has an inalienable right to meet the child(ren) one or twice a week or as directed by the Court.
The object of law is that the emotional bond between child and father or mother, as the case may be, should not be snapped.
That welfare of the child is the paramount consideration before the court while adjudicating the claims of husband and wife over the child.
Rajendra K Goyal
(Expert) 02 March 2014
Well advised by Advocate M.Bhadra ji. Agree to it.
Nadeem Qureshi
(Expert) 02 March 2014
Dear Querist
file an application before magistrate court for non complince of the order of court by respondent, diaobey the court order is non bailable offence in DV act and thia act is punishable till one year.
that the mother file an appeal against this order before session court too for set aside the order.
feel free to call
ashok
(Querist) 02 March 2014
very right sir and thanks.At present the mother' concern is interim custody during pendency of case so that she should be with child for short periods every off and on only in during his school vacation at her place without affecting his schooling
can court allow this specifically,please?
Rajendra K Goyal
(Expert) 02 March 2014
Prey the court accordingly and if court is convinced, it would allow.
