Child Visitation Rights
INDIAN
(Querist) 17 June 2013
This query is : Resolved
Respected Experts, My elder son is with my husband and alreadt two cases are running in court. 125 From my side and HMA13 from opposite. As I requested my elder son is with my husband for last one year. I read from this site that husband or wife can get the child visitation orders. I want to know the procedure of that and how much time court will take to order after filing the application ? Under which act I can file that ? Is there any fastest way to get the orders ?
Adv Archana Deshmukh
(Expert) 17 June 2013
You can file u/s. 26 HMA for visitation in the HMP filed by your husband for divorce. It depends upon you and your advocate how you persue the application. The courts generally decides such applications quickly.
INDIAN
(Querist) 17 June 2013
Mam Archana , Thanks for the reply. I want to add that I have given the application in HC for transfer of HMA 13 in my residential ciry court. Till now that is not decided and stay is going on HMA 13. Now can I give the application of HMA 26 for child visitation order from the court ? Forl child visitation either I will have to go to meet my child or my husband will bring my child to me ? What will be the arrangement for that because in litigation if I will have to go to my matrimonial home city then that could be risky for me.
INDIAN
(Querist) 17 June 2013
Mam Archana , Thanks for the reply. I want to add that I have given the application in HC for transfer of HMA 13 in my residential ciry court. Till now that is not decided and stay is going on HMA 13. Now can I give the application of HMA 26 for child visitation order from the court ? Forl child visitation either I will have to go to meet my child or my husband will bring my child to me ? What will be the arrangement for that because in litigation if I will have to go to my matrimonial home city then that could be risky for me.
Rajendra K Goyal
(Expert) 18 June 2013
Agree with the expert Adv Archana Ji.
How the visitation will be arranged, depends upon the extent to which the court agree to your request. You should bring all facts before the court.
