Child visitation

1. S, 151 CPC has wide inherent powers of the Court in absence of correct Section applied to dispose off relevant matter. .
2. Above being material, the particular Section under HMA for child custody is filed under S. 26 HMA and during which Application for interim visitation is filed is under S. 151 CPC citing pending main application. 


Hon'ble SC had once said that in the absence of correct provision of Law used by an applicant if he moves ld. Court then his matter should not be struck off in mere technicalities of Sections of Code / Act, as then you are not giving "justice" to a needy person at all!

I completely endorse Ld.TAJOBS on this. The Party is obliged to state facts and ask for legitimate relief, it is for the court to apply the right provision of law. It is a fundamental rule of law which finds sanction in Ord. 6 of the CPC that pleadings (which includes your present application) is to state the facts and not the LAW/nor evidence. 

Bharat Chugh - Advocate Supreme Court of India

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when my divorce petition is pending, can I file child visitation petition u/s 151 cpc? or do I need to file petition for u/s 26 of HMA and later file petition for visitation u/s 151 cpc.  I dont want custody of children, need only visitation.

Other party may SAY ANYTHING THAT SERVE HER PURPOSE , ""it is not relavant as there is specific provision in HMA""

COURT CAN DECIDE IT  TO MEET END OF JUSTICE. 

i AGREE WIH VIEWS OF sHRI TAJOBS & ADV BHARAT CHUGH.

If u r  paying maintenance for child, the Answer is YES. 

Otherwise u need to apply MA separate Petition for access of child.

Most probably your wife will file  Application pendentelite Legal exp & mtn, u/s 24 & at that time u can demand acess in same petition.