Chandra (owner) 01 February 2013

Expert's suggestion on ia

Dear Experts,

I have been contesting divorce case filed by my wife for more than a year. Six months back I filed another OP under GWA for my child's custody and along with also filed I.A,which is not yet numbered, seeking interim child's custody. Few months later I filed another IA under HMA in divorce OP and secured visitation rights. What is the validity of IA filed under GWA which is not yet numbered ? Does it stand valid ? Can I press for it so that i can fight for interim custody ??? Please give me your invaluable opinion. Thanks in advance for your attention and kindness.

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3 Replies

R.K Nanda (Advocate) 02 February 2013

IA under GWA is valid and u can press for it in court.

Chandra (owner) 02 February 2013

Thank you very much for your quick response.

How to convince the judge that the IA under GWA is maintanable ? The other side advocate is vociferously objecting that IA under GWA is not maintenable as some relief is already given by IA under HMA in the form of visitation. I am fighting the case as Party in Person. Thanks for your kind support and time.

stanley (Freedom) 04 February 2013

Have you put forth the certified copy of the order in HMA where visitatin has been granted .if visitation has been granted under HMA in the form of visitation than you would have to press forth change of circumstances either in the form of additional visitation hours or over night access on weekends for your interim application to be accepted .