Nit (Btech) 25 March 2025

Child visitation application in bnss 144 maintenance case??

What I want to know answers for below questions..

1. Is it possible to file a interim application for visiting rights to father under section 26 of hindu marriage act 1955 in the bnss 144 case??

2. If 1 is not possible, then is it possible to file a separate case with in the same court where maintenance case is going.... for interim visitation rights for father under section 26 of hindu marriage act 1955 as a intercultuatory application??

3. If 2 is possible, then I need to mention maintenance case details in the new case??

4. I don't want to file an gwop case as of now. Because, my son only 1 year 3 months old. As of now, I want only interim visitation rights...

5. If I file a intercultuatory application for visiting rights to father... How much maximum time to get the order??

6. I filed Rcr case under section 9 of HMA 1955, For this my wife filed transfer petition... Proceddings are going on in hight court.

Note : I have not yet started paying any maintenance as nothing has been awarded yet and I yet to file counter in maintenance case which is posted matter on 13th April 2025.

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T. Kalaiselvan, Advocate (Advocate) 26 March 2025

You can file a petition for child visitation rights within the context of an ongoing Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 144 case, which deals with maintenance of wives, children, and parents.

While BNSS Section 144 focuses on maintenance, the Guardians and Wards Act, 1890, and other relevant laws can be used to address custody and visitation issues, even within the context of a maintenance case.

You can file a separate petition or include a request for visitation rights within the context of the ongoing BNSS Section 144 case.

The court will consider the child's best interests when deciding on visitation rights, regardless of whether the BNSS Section 144 case is ongoing or not.

Even if the primary focus of the case is maintenance, the court can still consider and order visitation rights if it is deemed in the child's best interest.

Dr. J C Vashista (Advocate ) 26 March 2025

Section 144(1) in Bharatiya Nagarik Suraksha Sanhita, 2023

(1)If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself; or

(b) his legitimate or illegitimate child, whether married or not, unable to maintain itself; or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself; or

(d) his father or mother, unable to maintain himself or herself,

a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:

Provided that the Magistrate may order the father of a female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such female child, if married, is not possessed of sufficient means:

Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:

Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.

Explanation. - For the purposes of this Chapter, "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

Accordingly the issue of visitation rights of father / respondent in such an application u/s 144 BNS, 2023 is not covered and you will have to file a separate petition, if your oral application / request is declined by the Court where case of maintenance is pending.

Nit (Btech) 26 March 2025

Thanks for the reply.. So after filing the counter in Maintenance case... I can request orally or submit a new application for this request to the Hon'ble Court that, Please allow me to see my minor child.

If magistrate accept my oral or application request then I will get visiting rights.

If magistrate doesn't accept.. Then I need to file a separate petition for interim visitation rights... In that case which section is more preferable?? Guardian Act 1870 or Section 26 of hindu marriage act 1955???

Can you please answer this querys??

Child visitation application in bnss 144 maintenance case??

3 Replies

Section 144(1) in Bharatiya Nagarik Suraksha Sanhita, 2023

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