How to challenge interim judgement for visitation right ?
ks
(Querist) 12 November 2016
This query is : Resolved
My cousin is fighting a child custody case. [ No Divorce petition no RCR. ] Right now he is not allowed to meeet his daughter since so many months.
He had already applied for Interim relief for access of child which he was having earlier. [ 2 Days a week, 8 hrs per day ]
Today in Lok adalat his wife proposed that she will allow 2 days in a month, which he disagreed. So Lok Adalat counselors pressured him a lot to agree saying that court will pass interim relief only this much.But he didn't agreed.
Now the question is if courts pass such order as interim relief, can he challenge interim order for visitation to high court ? (He was regularly bringing child twice a week and he has enough proof for that.)
He is afraid of because how to challenge the interim order ?
Also counselor said that court will order to meet in court premises whereas earlier he was bringing her daughter to his home.
So just want to know can interim orders ( till the case is pending for final settlement / order) be challenged ?
Can it preyed for review once again to Family court Judge and at the same time Appeal to High court ?
adv.bharat @ PUNE
(Expert) 13 November 2016
Yes he can challenge the interim order on merit of case.
Rajendra K Goyal
(Expert) 13 November 2016
Your lawyer has just expressed his views, wait for the orders.
ks
(Querist) 13 November 2016
Thanks for your reply.
No other option but to wait. But can you please explain that at a time at two places they can file for review ? ( At High court as well as at Family court ?)
P. Venu
(Expert) 13 November 2016
Wait for the decision. Any suggestion at this stage would be too hasty.
Rajendra K Goyal
(Expert) 13 November 2016
case / review can be filed at one place.
adv.bharat @ PUNE
(Expert) 13 November 2016
at a time at two places they can file for review is NOT VALID .
Wait till decision of court.
