Mentioning section necessary in petition?
Kumar
(Querist) 15 July 2014
This query is : Resolved
Please let know, Whether mentioning section number in petition is necessary or not? if not, how to refer this in argument in court?
I have filed child custody without mentioning section and opposite part opposes this?
Devajyoti Barman
(Expert) 15 July 2014
non mentioning or quoting a wrong provision of law as heading of a petition is not damaging. Nomenclature of a petition is of no consideration as well as from the prayer portion of the petition the court cna come to the clear conclusion about the object of fling the petition.
Kumar
(Querist) 15 July 2014
Sir, Do you mean my petition is valid without mentioning section?
Kumar
(Querist) 15 July 2014
Thanks Sir. How to refer this to court? Should i say "As per law, petition should be allowed" or "Supreme Court admitted this"? How to explain to this to court judge?
T. Kalaiselvan, Advocate 
(Expert) 16 July 2014
You don't have to mention about the Supreme court decision or anything before the court. The law is very clear that just because the petition do not bear the provisions of section, it cannot be rejected, in fact the opposite side's application in this regard will be rejected by the court.
Kumar
(Querist) 16 July 2014
Sir, Thanks!
V R SHROFF
(Expert) 16 July 2014
ACADEMIC QUERY BY STUDENT............
MAY I REQUEST experts TO SEE PROFILE OF QUERIST, BEFORE WASTING THEIR VALUABLE TIME??
Query, in no way, concern the Querist, and is imaginary on the face of it.....
Kumar
(Querist) 16 July 2014
Hello Experts, Thanks for your Support!!
1. DV act filed by my wife is running in JM court and I am appearing on myself without advocate. Due to this, I have read many articles and judgements and placed myself in confident position to win this case.
2. Query which i have asked is only related to my DV act case where i have filed sub-petition as child visitation (custody).
3. I just got the LLB admission (2014 batch) in one of law college and classes will start soon. may be I should not declare my self as "law Student" in profile until class start. But I am proud to be, Since its NOBLE profession.
ajay sethi
(Expert) 16 July 2014
better engage a lawyer to fight your DV case
Rajendra K Goyal
(Expert) 16 July 2014
Better engage a lawyer, it would help in many basic steps.
Advocate. Arunagiri
(Expert) 16 July 2014
Dont worry your petition will be allowed. The court will impose terms and conditions for the visiting rights.
T. Kalaiselvan, Advocate
(Expert) 17 July 2014
I endorse the views of experts. Further, it is better you file a separate case for custody of child in which you can file an IA for visitation rights, in my opinion, this will bear fruit than the application in DV case for the purpose.
