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India is great (Service)     14 July 2014

Is visitation right from 125 cr pc judge possible ?

My child is 4 yrs old and with my wife.

Wife filled 125 Cr PC and i am giving interim maintenance. 125 main trial is on.

I don’t want to file custody case considering the tender age of my child where she need mother's care most.

Both I and my wife are stating 1500 km apart. I am at my work place where as my wife at her father’s house. 

Native place of both mine and wife are same. So I visit my home/ native during leave and stay for approx 7 days.

During my leave at native place,   I usually reach my child's school to meet her after end of school hour. It is matter of just 2-5 minutes I could meet my beloved child,  which give me immense pleasure .

After came to know such thing wife asked school authority not to allow me to meet child. She also instructed the cab driver not to allow me to even reach near to child. SHE is also arriving at school after classes over to prevent me to get closer to my child.

When i ask my lawyer to ensure my access to child he said i have to apply for fresh custody case and from there visitation right will be asked. he also said that as because i stay far away due to job and visit my native unscheduled manner, so judge cannot give any order as visitation orders  are scheduled ( like every 1st and 3rd sat day)

 

As I am paying maintenance. So is it possible to move an application to 125 Cr PC judge for granting visitation right at least on the day of 125 trial



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 3 Replies

Arvind Singh Chauhan (advocate)     14 July 2014

Sorry court can not pass such order in the proceeding of 125 Cr.P.C.

T. Kalaiselvan, Advocate (Advocate)     15 July 2014

You can unofficially make a request before the judge in the court to direct her to bring the child to the court on the dates of hearing, but it depends how far the judge will consider your request.  Officially, you can file a custody case seeking custody of your child under guardians and wards act, in which you can file an IA seeking visitation rights to see and be with your child for the period as sought for as an interim measure.

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Biswanath Roy (Advocate)     16 July 2014

LEGALLY YOU ARE ENTITLED TO  VISITATION OF YOUR CHILD AS FATHER WHICH YOUR WIFE CANNOT SNATCH AWAY OR TO PREVENT YOU..

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