125 and child visitation related

Querist : Anonymous (Querist) 10 January 2011 This query is : Resolved
Can a father request to the court to meet his minor doughter(aprox 3 year) in the petition of 125CRPC(filled by wife). Interim not decided yet.
Can he give request in written to the court as wife do not bring the child on date.

Father has not met his doughter since 2 years

Isn't it necessary that the petitioners(wife and doughter) sould be present in the court on every date?

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Amit Minocha (Expert) 10 January 2011
no it is not necessary for the child to be present personally on each date. Apply for custody / visiting rights before the Matrimonial court.

Parveen Kr. Aggarwal (Expert) 10 January 2011
A court seized of an application under section 125 of the Code of Criminal Procedure, 1973 cannot order for permitting the respondent father to meet his minor daughter. For getting visitation rights, the father will have to file a petition under the provisions of the Guardians and Wards Act, 1890.

Devajyoti Barman (Expert) 10 January 2011
No the maistrate can not.
The father can press for such prayer u/s 26 of HMA if any matrimonial proceeding is pending between them. Else the father can file suit for custody of chld under Guardians and Wards Act wherein the court does pass necessary order for vigitation of child.

Guest (Expert) 10 January 2011
the magistrate cannot insist. for which you have take guardian application for custody or interim custody before the district court. (in some districts -family court)

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