Access during vacation -- Please help

@ Author

1. File a Writ under Art. 227 COI annexing Urgency Hearing Application and a seperate IA for vacation custody of child. This will happen only if there is a direction about it from lower Courts.

Dear Querist,

Its usual for a judgment to be pronounced after some obvious time has been elapsed. Some reasonable time has to be allowed.

However,  you may get your agony humbly mentioned before said Hon'ble Court which has reserved the Order narrating your day-to-day sufferings due to such pendency and request for an expeditious pronouncement of the same. If mentioning does not fetch any desired effect, you may take steps as advised by Ld. Tajobsindia.

Trust this would suffice.

Rabin Majumder

Advocate-on-Record

Supreme Court of India

Child Visitation and temporary custody etc should have been worked out very meticulously and without causing much trouble to kid.

Court can't take a rigid stand on terms agreed upon in writing and gives more consideration to 11th hour exigencies and actual conditionsprevailing  at that time.

The boy may be sick, or preparing for some competitive exam, summer camps, hobbies at his insistance.

So his time is previledged to be spent in your company ... rather mother is previledged to spend time with boy but it is directory and as per the convenience of 'fulltime caretaker' of that person.

Don't get into legal battle on this, nothing would come out at the end, only bitterness.

The divorce has already proved that you can live without kid also. So it can't be an controvertial issue in the eyes of law.

'missing the company of kid' can't be an issue of 'life and death' .

Dear Experts, thank you for your valued time and advice.

ALSO, one more clarification. While the matter is reserved for judgment, what is the status of the interim orders passed by the High Court? Are they still operative orders as judgment has still not been passed. I ask this clarification just to understand if I can use the order of high court for interim access with the family court to get some access.

@Tajobsindia...

sorry sir, but i did not follow your last sentence - "This will happen only if there is a direction about it from lower Courts". Does it mean that i have to first apply to lower court for access and then approach the high court for a writ. And it is for this reason I asked the above clarification. I'd sincerely appreciate if you could clarify urgently.

Most sincere thanks in advance to all for your prompt replies.

From an anxious mother.

@ Lady

What I mean by sentence which you quoted is that as per terms of MCD if there is access paras mutually agreed and when HC has reserved Judgment then it is natural that you must file an urgency hearing application with IA before HC poiniting to lower Court MCD mutual agreed access agrement and since summer vacations approaching and your lordship has reserved Judgement kindly meanwhile allow this IA (Interim Application) !

I feel now-a-days HC's are quite liberal to allow IA's on child visitations hence go ahead and do the suggested filing.

BTW which HC you have filed the appeal and under which section ? You may ignore replying but for academic reasons I asked so.

For Jamai Of Law,

Is there any case law/ruling where court has taken this stand that childs wishes to not spend vacation with parent with whom it has been agreed upon, in consent terms are paramount?

Even tho consent terms say child has to be with father in part of vacation, but child does not want to go,how is that to be proved when in different cities?This query is regarding a 11 year old girl child who does not want to go with father,who stays absolutely alone.

Pls refer case laws/rulings for the same.

Thanks & regards.