FightForCause (Businessman) 21 February 2014

Visitation in dv , need urgent advice pls

Hi Experts,

I had filed an application in DV case under section 21 for my daughter visitation but in the application i had written that i want to appeal for my child visitation.

Opposite party lawyer is now taking "appeal" word and saying appeal can only be made in Session Court under section 29 of DV. in My application Appeal word had meaning ( Urgent Request ) but opposite lawyer using it and requesting court that an appeal in non-maintainable in JMFC court and to reject my application.

How do i tell Judge that appeal word was for urgent request.

Also Title of my application was

VISITATION APPLICATION FILED UNDER SECTION 21 OF DV Act, 2005

Kindly help me to defend my point in the court, i do not want my application to be rejected just because of this silly mistake.

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4 Replies

Samir N (General Queries) (Business) 21 February 2014

The technical term for what you want to emphasize in law is called "substance over procedure." Tell the Court in writing in a filing called "reply to respondent's procedural defense" that it is well-settled law to give importance to substance over procedure and that in the event the Court disagrees, you are concurrently filing an application to amend the application. Attach an amended application with the correction. This should take care of your mistake unless the Judge has made up his mind to rule against you and just wants an excuse. Good Luck!

FightForCause (Businessman) 23 February 2014

Thanks for your valuable input Samir.

FightForCause (Businessman) 07 March 2014

Hi Zeeshan,

I Respectfully disagree on same.

Though bare reading speaks of Custody but Visitation can be seen as subset of Custody.

There are Judgments suggested in this forum where people have got Visitations under DV Cases.

ktkaran (maanger) 03 June 2014

In child case paramount welfare of child is most important & afther cant be deprived of his kid's love.

u will get visitation in DV case insist to judge that you are doing everything for your kids and for their well being you should be alowed to meet kids for two days in month etc..