Child custody - filing via gwa or rcr

1. First state if the RCR suit matter pending before Family Court constituted under Family Court Act or is it a Civil Matrimonial Court.

2. If it is a Family Court then state if the presiding officer is a Principal Judge or Additional Principal Judge.

3. If Family Court presided by a Additional Principal Judge then approach Principal Judge to 'speed up' proceeding including 'visitation'.

4. If Family Court presided by a Principal Judge then approach State's HC to 'speed up' proceeding including 'visitation'.

5. If it is a Civil Matrimonial Court then approach State's HC to 'speed up' proceeding including 'visitation'.

6. Once above clarified and due diligence done by you as the case may be then file Petition in same Court for custody of minor.

7. If you don’t want to clarify or has will to do above then 'withdraw' visitation application of minor and start fresh under GWA The Act. Reason being if a party approaches for visitation/custody under any of the Section in HMA then he cannot use same prayer under GWA The Act.

[Last reply]

Dear Tajobsindia,

Thank you very much for the update...

My RCR suit matter is pending before the Family Court - IIIrd Additional Court - Additional Principal Judge....It has been pending for around 2 years now.

So based on your clarification , I believe that I might have to approach the Principal Judge to "speed up" the processing including "Visitation" (and if needed , I can file for Child Custody under the same HMA Act - which is my RCR).

Please let me know the process for approaching the Principal Judge to make this process "speed up" Is it through any petition and if so who should it be filed ?

Note - Earlier in Mediation , both of us has agreed in writing for "reunion" and now she is backing off.

Thanks again for your clarification.