interim custody of child
Udit
(Querist) 30 May 2015
This query is : Resolved
Sir,
Under which section can an application be filed for interim and permanent custody of 7 yrs old child during the pendancy of divorce suit. Does section 12 of guardians and wards act does not apply for custody of child during summer vacations, if the divorce is still pending.
SAINATH DEVALLA
(Expert) 30 May 2015
U have not mentioned whether male or female child
P. Venu
(Expert) 31 May 2015
Please state the complete facts.
SAINATH DEVALLA
(Expert) 31 May 2015
If it is a female child mother will have access over her than the father.
Udit
(Querist) 31 May 2015
Male child of 7 yrs while i m having the female child of 4 yrs old.
Dr J C Vashista
(Expert) 01 June 2015
The provisions of section 12 of GWA applies irrespective of the fact that whether the proceeding are before working/routine or vacation court. However, vacation judge do not have access to the main judicial file to ascertain the pendency of divorce case (until same judge is vacation judge).
Beside this, is there any urgency for it that the case should be taken up during summer vacation?
Udit
(Querist) 02 June 2015
Sir, since the summer vacations of the concerned child has also begun that is why i have filed an application for his interim custody during summer vacations and i have mentioned in the application that his sister will also pass a good time with him and granting the interim custody of the male child during summer vacations would be for the welfare of both the children.
the vacation judge is the same judge.
T. Kalaiselvan, Advocate
(Expert) 09 June 2015
I go with the vies and opinions of expert Dr. Vashista on the subject query. Yo may file the child custody case along with an application for interim relief of visitation rights in the vacation court itself.
