Visitation n custody of 4.5 yr old aughter

Q1.What will be the jurisdiction to file the case?

The jurisdiction to file the case is generally, where the child resides.  But, if any matrimonial case is pending between you and your wife, you can file interim application in this case.

Q.2 Can i file for the case of my own?

Yes.  You can file the case on your own.

Q3. Can anyone provide me the format to file case and guidance.

Yes, I can, if the matter is in Delhi.

Chandu Sir/Ashish Sir,

Thank you for your response.

The child is currently residing in surya nagar Ghaziabad,and i belong to Central delhi

.There is an RCR case running in Gurgaon court in which i am applicant.Only one meeting had been done since in which she just replied with application and put 30000Rs of maintainence.

Can i apply  to meet my daughter during the same proceedings to the same judge.I am sorry to say but my lawyer is least helpfull in guidance.

Please guide for any format or how can i file for visitation (first priority) on medical grounds and later custody.

DOB of my daughter 18jun2007 and she is suffering from rare heart disease.

Regards,

T

In RCR case, an application under Section 26 lies for custody and visitation rights of the child.  You can move this application in Gurgaon Court.  The application shall carry Rs.1. 25 stamp.  There is no prescribed proforma.  In the application, you have to mention facts para-wise.  In the prayer part, you will have two prayers:  The first one is to grant custody of the child during the pendency of the RCR petition.  The second prayer is to provide you visitation rights during the pendency of custody application under Section 26, giving the detailed descripttion of visitation periods you want. 

As the child is suffering from rare heart disease, the court may not direct the mother to bring the child to court.  But allow you to visit mother's place or near about place not inconvenient to the child, to meet the child for a few hours in a week.

Wish you best of luck.  

Chandu Sir,

Thank you for your reply.Please advise,will it be a  different case/section for custody under section 26 or is it a part of RCR?Becuase if it is  diff case then i will try to file it in UP where the child is residing currently,and if it is a part of RCR petition,then i shall ask my lawyer to file the application.Again i am sorry to say but my lawyer is very un co operative.He does not dicuss with me regarding case and neither guide me.

It is too immature to ask,but as  a father.Do i have any chance to get my daughter?

Regards,

T

I suggest you to file Section26 application in RCR as it will cut down the time of serving the notice on the opposite party.  In this you can get visitation rights.  If you file GWA case in UP, it takes time for you to serve the notice.  If the RCR has been filed by you, then there is no problem.  If RCR has been filed by her, then there is the risk of withdrawal of case by her when you get favourable order in custody application.

Chandu Sir,

RCR had been filed by me in Gurgaon Family court.My wife snatched my baby from me by influencing police and filing false dv/498a against me in gurgaon ps.

Can you provide me a format to file application or what should i suggest my lawyer to file for this request.

Thank you for you support in this difficult time.

You  are really a Moon in stars, in night of difficult times.

Regards,

T

Chandu Sir,

Please have a look on the previous message i had send,I will prepeare the application accordingly as my date is on 02may.

Please suggest as my lawyer told me that she had replied the RCR and had submitted an MLC report of DV,which is false.How should i contest that?

Regards,

T

Who submitted false MLC?

Withdraw that document by stating the truth, if it was filed by you.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Please do not mingle the issues.  Please file custody application seeking custody of the child and visitation rights during pendency of custody application in the court, where your RCR is pending.  If I understand your correctly, she filed MLC, which she obtained for the purpose of DV,  in your RCR case.  But doubt remains that MLC pertains to whom? -she or daughter.  Any how, MLC (even original) as such cannot prove any thing, until it has to be exhibited by the competent witness (doctor) and the opposite party will get opportunity to cross examine him.  As a parting remark - if you are facing so many problems with your advocate in RCR case, why do not you think of changing advocate.  (with humility I say, I will not be available for Gurgaon).

wish you best of luck. 

Chandu Sir/Shonee Sir,

Thank you for your reply.

MLC report had been filed by my wife for herself as evidence of DV in court.She had prepeared that on 04nov11 while filing DV case against me, while living in gurgaon in Gurgaon PS.My curiosity was,that how should i contest that.The fact is,she left the home on 03nov11,went to Ghaziabad from Gurgaon herself,and filed the DV complaint(FIR not filed yet) the next day and prepeared an MLC.

Regarding visitaion and custody,can you please provide a format or guidance to file the application.i will visit my lawyer on 29april and will ask him to file for purpose.He had already taken a big amount from me before contesting the case,and i think if i change the lawyer,he will not give the money back.

Please guide.

Regards,

T

There is no prescribed format for Section 26 application.   It is prepared just like any other interim application. 

It is like this"

IN THE COURT OF HON'BLE ADDL. DISTRICT JUDGE, GURGAON

I.A. NO.     /2012

IN

H.M.A. CASE NO.      /2011

IN RE:

Mr. XXX       ....Applicant

Versus

Mrs. XXX... NonApplicant

DATE OF HEARING:--------------

APPLICATION UNDER SECTION 26 OF HMA READ WITH SECTION 151 OF CPC FOR CUSTODY OF THE CHILD AND FOR VISITATION RIGHTS DURING PENDENCY OF THE INSTANT APPLICATION. 

MOST RESPECTFULLY SHOWETH:

1.   The applicant filed RCR under Section 9 of the HMA, which is pending before this hon'ble court.

2.  The marriage was solemnized between the applicant and non-applicant on ............. and out of this wed-lock, a girl child named was born on..........., who is ---------years old as on date.

3.  The non-applicant left the matrimonial home on ---------- along with -------- (daughter's name) without having any reason and is presently residing at ----------------------------------.

4.

5.

6.

Here, in above paragraphs, in great detail describe about how much you love your daughter and how your wife is preventing you from not meeting her and the child's precarious health conditions.

7.  That the applicant lives in Delhi and his residence is just 30 minutes away from the best medical facilities, i.e., AIIMS, Safdarjung et c. and is in a position to meet the medical emergencies of the child, where as the non-applicant lives far away in NCR at Ghaziabad.  She cannot come to hospital without male escort and male escort is not available to her through out the day, when the medical emergency  demands.

8.  The applicant seeks the leave of this hon'ble court to rely on the pleadings made in his RCR petition and they may be read as part and parcel of this application and the same are not repeated for the sake of brevity.

YOU ADD ANY OTHER MASALA AS YOU LIKE WHICH WILL IMPRESS THE COURT

PRAYER

It is, therefore, prayed that this hon'ble court may be pleased to:

(i)  to grant the permanent custody of the child ----------(name of the child) to the applicant.

(ii) to grant visitation rights to the applicant to visit the child and retain her in the following manner:

         (a)  Every Sunday.  

        (b)   15 days in the Month of October, 15 days in the month of December and one month in June, summer vacation.

(iii)  Any other / further order (s), which may deem fit under the circumstances may also please be passed.

APPLICANT

Verification:

APPLICANT

Supported by affidavit.

Forget about MLC as of now.

Concentrate on main issue in child custody