(Guest)

Visitation rights mp filed under 125crpc-is it maintainable?

Dear Experts,

I filed for RCR 4 years back and my wife filed for 125CrPc for maintenance. Later my lawyer has filed for my Child Visitation rights (9 years old daugther) under the 125CrPc 3 years back.

While the judge was planning to pass orders for my visitation rights , since it is already 3 years running, she mentioned that since my MP Petition on Visitation rights is filed under MC petition (125CrPC) , she said it is not maintainable and asked me to file a fresh petition for IA under my RCR.

Please let me know whether MP Petition seeking child visitation rights is not allowed under 125CrPC Maintenance Petition and if so how did the earlier judge allow it to be numbered.

Thanks.

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 08 April 2016

She is right petition filed u/s 125 for visitation right is not maintianble. You had to file a petition under guardian and wardship act.

(Guest)

Also , judge asked me to produce any judgement or ruling which was ordered for Visitation rights that was filed under 125CrPC Maintenance petition as well. Once she is convinced on the rulings , she said she will pass visitation rights order for me.

(Guest)

Filing 125 crpcand asking child visitation rights is like taking idli vada token and asking mutton biryani. For visitation rights you need to file petition under Gaurdian and Ward Act.