child visitation
INDIAN LADY
(Querist) 18 October 2013
This query is : Resolved
Respected All, I have filed 125 , Husband filed HMA13 and then 498 FIR by me. Elder 3 year old son is with husband and 10 months old son is with me . How I can get visitation to my elder son and get the child custody ? How much time will take to get visitation rights first on speedy ? We are separate for last 13 months. Pls reply.
Raj Kumar Makkad
(Expert) 18 October 2013
You shall have to file a separate application in the petition for divorce filed by your husband seeking visitation rights and the court shall decide the application first.
INDIAN LADY
(Querist) 18 October 2013
For HMA 13 from husband a case transfer application is moved in HC which is yet to decide. Till date no hearing is called for HMA 13 and transfer case due to stay on HMA13. So any other speedy process for chiled visitation rights ?
Devajyoti Barman
(Expert) 18 October 2013
Ask the high court to direct the lower court to hear the case in time bound manner.
Dr J C Vashista
(Expert) 19 October 2013
Indian Lady,
File another case for custody and visitation rights.
Nadeem Qureshi
(Expert) 19 October 2013
Dear Querist
you can file a domestic violence case against him along with an application for child visitation under Domestic violence act.
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Vijyant Nigam (09807349001)
(Expert) 19 October 2013
its a simple direction which can be passed in any main case whether its divorce or domestic violence or through a seperate petition for custody and visitation.
if some case is already going on then this application can be filed in it.
there's no use to file a new case just for the simple direction for visitation of child.
R.K Nanda
(Expert) 19 October 2013
nothing to add more.
Adv. Chandrasekhar
(Expert) 19 October 2013
I agree with Dr. Vashista. Even though Mr. Vijyant is correct that to get visitation rights there is no need to file separate case, but on the basis of the facts of your case that won't be possible. Vistation and Custody rights cannot be claimed in S. 125 cr.p.c. and s.498-A which are pending from your side. S.13 is stuck in H.C. Hence file custody case along with immediate interim relief for visitation rights and you will get the latter, i.e., visitation rights, once your husband appears in the court after receiving the court notice.
Raj Kumar Makkad
(Expert) 19 October 2013
Only separate application is required to be moved in divorce petition.
Dr J C Vashista
(Expert) 20 October 2013
I agree with Mr. Raj Kumar Makkad, you are required to file another case.
Rajendra K Goyal
(Expert) 23 October 2013
Agree with the expert raj kumar makkad ji, separate case need to be filed.
