Habeas corpus for child visitastion

@ Author

1. No.

2. Challenge in immediate superior Court those 'flimsy grounds of delay" and seek direction to lower Court to pass interim Order on visitation in 2 weeks flat.


BTW what efforts non-custodial parent took all these days to meet his own child other than filing an Application for child visitation?

 

Thanks for valueable guidance.Parents have been divorced because of cruelty by mother.Therefore father cannot visit the child in mother's house.Child has been tutored and may not even recognise father.Otherwise child, 9 years, goes to school.Father tried to visit the school but school authorities did not allow him to see the child.Can father visit child's school without court's orders?What if school authorities do not allow this , though there is no restraining order by court as such.

@ Author 


Well if you say that natural father has won the divorce case on grounds of ‘cruelty‘ then it makes this ticklish brief more interesting.


1. File S. 26 HMA and an IA u/s 151 CPC for custody and or visitation of child is one way out.


OR


2. File S. 25 r/w S. 17 and S. 12 GWA for custody and interim visitation of child is second way out.


In either cases you will get prompt orders on interim visitation arrangements and referring to may be one of my older posts on what all a father can press for under visitation (interim) act accordingly.


3. It should be avoided (secret / snoopy school visit) without express Orders of competent Court.
Reasoning: Let us say most schools are insensitive and in their short circuit wisdom they may rusticate a child from their school by making mountain of a mole of a issue. It is other matter that several HC's in catena of their decisions have restored child back to same school but then the question of such abrupt dismissal from school and missing company of h/er school mates leaves a disturbing question mark on any minor child growing up psychosis. So it is always better to avoid snoopy / secret visit to your own child school unless the princy of school was your ex G/F J However that tring tring besides the point here, in interim visitation prayer one may always mention (say press for) PTM and school celebrations attendance of natural father including all important school ceremonial days read with school outings etc. etc. I can write on and on here what nots to mention in interim visitation but suggest to interact with neighborhood school kids (especially adosi padosi parents) and learn what all days parents visits school! That would help you to put your interim visitation prayer (school visits especially) accordingly.
Now if your ex flame (means ex wife) gets wind of your snoopy / secret school visits and suppose she enters into restraining order (they are given ex party too in such cases) then what you will do next ? 

 

To make things rolling as in above appoint a advocate first and set the visitation dice rolling accordingly.

PS.: Kindly donot use wordings like HCP in small small matters such as visitation / custody etc. HCP Orders conceding are not everybody's cup of tea and grave / serious violation of human rights are to be shown to get even admission of a HCP in HC.
Also do some backend reading of old posts / threads here in LCI. Some members discussed quite good stuff in past on such matters closer to several unfortunate fathers heart in no. of posts.


All the best.
BTW ask less here - act more on ground level................

Thanks a lot for detailed guidance.You have got in-depth knowledge and  practical experience in this field.

@tajobindia dear sir. I m also having same prob lem but my 3year son stays with my wife and she never returned after delevery.i hve put case for rejoin 18mnths before. But stil pending as wife not attended court or judge absent from last 4mnths. I dont knw where my wife son and her widow mother live. Hw can i trace them and c my son. Pl pl advice sir.

Anyone help me on this matter. I m in desperate. Only court days are changing every 3months. Pl pl advice. No solution so far