Visitation Right

Querist : Anonymous (Querist) 12 February 2010 This query is : Resolved
My husband had take divorce from me by fraud. Now I am moved to court to cancell the divorce. my daughter is in my husband's custody. the suit is pending mean time can I ask for Visitation right to visit my daughter u/s. 151 CPC

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Devajyoti Barman (Expert) 12 February 2010
Yes, definitely. Not only that you can also file a suit under Guardian and Wards Act for custody of the child.

B K Raghavendra Rao (Expert) 12 February 2010
You are entitled to visit your daughter. You may file application for visitation rights.

adv. rajeev ( rajoo ) (Expert) 12 February 2010
I agree with burman.

Raj Kumar Makkad (Expert) 12 February 2010
I have similar opinion as of other experts.

prakash vathore (Expert) 12 February 2010
yes.

Arvind Singh Chauhan (Expert) 12 February 2010
Definitely yes. together with follow Barman Sir's advice.

Parveen Kr. Aggarwal (Expert) 13 February 2010
You have not stated what kind of petition has been filed by you for cancellation of the divorce nor it has been specified as to how divorce was obtained by playing fraud. However, if any petition is filed under the provisions of the Hindu Marriage Act, 1955 then you can also pray for relief regarding custody of child under section 26 of the Hindu Marriage Act besides availing the remedy under the provisions of the Guardians and Wards Act, 1890.

Guest (Expert) 13 February 2010
i agreed with expert friends

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