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HK_Jain... (498a Fighter)     21 June 2012

How to get intrim visitation of minor(17 months) female baby

Dear Experts

How to get intrim visitation of minor(17 months) female baby?

What is the proceedure of visitation in family courts?

I filled Divorce and OP filled 125 crpc. that will be going to be start by next month. 498a is in pipeline(CAW).

 



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 4 Replies

HK_Jain... (498a Fighter)     21 June 2012

 

Dear Experts

How to get intrim visitation of minor(17 months) female baby?

What is the proceedure of visitation in family courts?

I filled Divorce and OP filled 125 crpc. that will be going to be start by next month. 498a is in pipeline(CAW).

adv. rajeev ( rajoo ) (practicing advocate)     21 June 2012

 

file a case under guardian and wards act, off course you wont get custody of the child but you can seek for visitation rights.

SAINATH DEVALLA (LEGAL CONSULTANT)     21 June 2012

Move a petition in the court for visitation of the child.As she is only 17 months custody will be in the hands of the mother until she attains the age of 5 years.Then also it is the discretion of the child where to stay.

In a divorce where one parent is awarded sole custody of the child, the noncustodial parent is usually awarded visitation rights in the divorce decree. Visitation rights can be withheld if evidence is provided that proves it is in the best interest of the child not to see the parent. This usually occurs only where it has been shown that the parent is an excessive user of alcohol, a user of illegal narcotics, or is physically or verbally abusive.Filing a case under  guardian and wards act  at this stage is not much of a relief.Hence pray for visitation rights.

Ajit Singh Cheema (practising Advocate)     21 June 2012

You can move the necessary application in the family court.


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