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mahek soni (staff)     29 September 2012

Visitation rights

Hi I have divorce case pending in the court. My wife has filed for divorce and does not allow me to see my son. I want to seek vistation rights. Can i make the request in the existing divorce case as an application or do i need to file a new separate petition for visitation as a completely separate case in the family court?



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 7 Replies

Tajobsindia (Senior Partner )     29 September 2012

1. In existing divorce case it can be allowed.

mahek soni (staff)     30 September 2012

But my current divorce lawyer tells me that he has to file a new separate case (petition) for visitation and he demands extra money cos it will be a separate case with separate number. Is he trying to extract money from me by telling me visitation request cannot be submitted and clubbed with the existing divorce case? thanks in advance for your clarification

Tajobsindia (Senior Partner )     30 September 2012

Originally posted by : mahek soni
  But my current divorce lawyer tells me that he has to file a new separate case (petition) for visitation and he demands extra money cos it will be a separate case with separate number. Is he trying to extract money from me by telling me visitation request cannot be submitted and clubbed with the existing divorce case? thanks in advance for your clarification  

Reasoning :-)

Legal Professional = the optimist sees the glass as half full while the pessimist sees it as half empty !

1 Like

stanley (Freedom)     01 October 2012

Your options are as under as you are at the mercy of your lawyer. Even if you change your lawyer you would have to pay for appointing a new lawyer  to fight the case . If you have the confidence to fight the case yourself than appear party in person and contest the case . No lawyers fees :-)

Still a lot will follow in your case . 

1. you are asking for visitation rights for the child . 

2. Next you would see her putting an application for interim maintanence for the child . 

case would go on like this 

application put for visit + maint one by one than = + WS given + argument + lawyer's  absent in between + judge absent in between etc and etc and you would be spending minimum 5 years on your case  

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ANEESH TRIVEDI (ADVOCATE) (Advocate)     03 October 2012

Originally posted by : stanley
application put for visit + maint one by one than = + WS given + argument + lawyer's  absent in between + judge absent in between etc and etc and you would be spending minimum 5 years on your case  

sir , this means that to see the child person has to wait for 5 years after investing money , time and energy.

any other alterative ............ ok let the case be gone its way....................
let it be upto last for 10 -15 years but what a person can do if he want to see the child in childhood age?

becuse of this delay of justice the society is forcing to follow illegal way where the gundas are vakil, and person is client and person is judge.no FIR, no tarikh decision is on spot or decision is fast , if suceeded the happy if fail then again giving bribe to police .......................................and then suceeded.

stanley (Freedom)     03 October 2012

Mr Aneesh , 

what i meant to say the case goes on for years but visitation can be got within 3-5 dates of the IA for visitation  no matter what visitation can never be denied to a biological father . It can be got under supervision at a police station or in the family court premisies . 


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