Child custody guidelines questioned by jmfc judge

my DV case is at jmfc court in maharashtra..i gave interim application for child visitation in court and submitted the child visitaion guidelines approved by bombay high court...on day of argument on my application my wife's lawyer didn't raise any objection but judge objected that these guidelinse are for family courts only and no binding on jmfc court..is it right?

and every time the judge ask that if any interim maintenace application is filed in court from my wife side..like he is indicating to submit it and he is ready to pass order in favor.

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11 Replies

stanley (Freedom) 10 September 2012

Visitation cannot be denied under supervision . you have to look out for ways and means based on welfare of the child where the wife has neglectd the child .Maybe on moral or religious grounds or what so ever .your counsel has to persuade the judge even if it means getting your child for visitation at a police station /court premises it has to be done . On what grounds has your opposite counsel given their say and objected to visitation . Most probally the judge is indicating that give maintanence first for the child and than visitation . Put up a voluantry application that you would be giving so and so amount as child maintanence until the court decides/ concludes regarding maintanence for the child .

pun (eng) 10 September 2012

her lawyer has objected the visitaion on argument that the provision in section 21 of DV act is related with custody only and it is for aggrived person only..there is no provision for respondent visitation..and there are criminal charges against me like 498a, false police complaints...and as wife is staying now in the same city where i am living now and case is running in another city and i have asked in application to allow the visit in my city where child is also staying now..but their counsel is saying that this court is having no jurisdiction to arrange the child meeting in another city.

stanley (Freedom) 10 September 2012

Read the act .....Section 21 in The Protection Of Women From Domestic Violence Act, 2005

21. Custody orders.- Notwithstanding anything contained in any other law for the time being in force, the Magistrate may, at any stage of hearing of the application for protection order or for any other relief under this Act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent: Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful to the interests of the child or children, the Magistrate shall refuse to allow such visit.

Even though the opposite counsel has conveyed that there is 498 A etc against you you have not yet been convicted of the same . The act clearly states than the magistrate can make arrangements for the visit by the respondent . Even criminals are given visitation rights for their children under supervision maybe you can get the same at a police station .Join SIFF PUNE Chapter they meet at Shambaji park 4 to 6 p.m on sundays near the aquarium .

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stanley (Freedom) 21 September 2012

Dear Pun ,

I have put up a letter from the bombay chief justice which states that these guidelines has been circulated to all the bombay high court judges .and hence it is binding on all the lower courts . Next time sumbit this letter in court and i dont think so that judge would be in a position to fart anymore .

pun (eng) 21 September 2012

thanks Stanley...looking forward to get this copy from you :)

vikram (navigator) 22 September 2012

Dear stanly

this letter from the bombay chief justice and

child visitaion guidelines approved by bombay high court

Does this apply to other state Courts or only for mumbai . as i am also facing same problem bt in UP(allahabad family court) can i use this guidelines to visit my son

stanley (Freedom) 22 September 2012

Dear Vikram ,

This is applicable for the state of Maharastra .You can use the UNCRC that is the United nations convention for child rights which is attached where in this treaty has been adopted and ratified by india and all the courts would come under this . Have you filed and IA for visitation .And remember even if your wife has custody than you have every right to get visitation and nobody can deny you visitation at the most it can get delayed . Go through the various posts of Mr Tajobs in this foroum and you will get your answers . If still not satisfied and your lawyer is not capable than ask Mr Tajobs in this foroum to fight your case as you are located very close to Delhi and he can get it for you .

Attached File : 710778612 uncrc.pdf, 710778612 crc.pdf downloaded: 438 times