Child custody, visitation and welfare
Venkat
(Querist) 02 July 2019
This query is : Resolved
I do have a lawyer, but he is helpless.
Dr J C Vashista
(Expert) 03 July 2019
1. Child visitation is your statutory right which shall have to be granted by Court.
2. Petition u/s 12 of GW Act shall be filed where the child is ordinary residing at present.
3 . It would be better to change your lawyer, if you are not satisfied with his/her performance, behaviour, ability or competence.
4. You should approach District Judge for transfer of case to another designated Court and/or High Court for issuance of directions to the G & W Court to expedite the case and decide within a time frame.
5. Consult and engage a local prudent lawyer where the child is staying with her mother (your wife).
Venkat
(Querist) 03 July 2019
Thank you very much for the reply, Dr. Vasishta.
Venkat
(Querist) 03 July 2019
Thank you very much for the reply, Dr. Vasishta.
Venkat
(Querist) 03 July 2019
Thank you very much for the reply, Dr. Vasishta.
P. Venu 
(Expert) 03 July 2019
Does the Child custody orders (apparently ex-parte) had provided any visitation rights? If not, the best option, in my understanding, is to move the High Court under Article 227 and seek appropriate remedy.
Venkat
(Querist) 03 July 2019
Thanks
Venkat
KISHAN DUTT KALASKAR
(Expert) 04 July 2019
Dear Sir,
The case is before the Court are to be disposed as per following limitations you may make use of the same.
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Dear Madam/Sir,
You have to rely upon various circulars which says it should be closed within 12 months. You can move an application before the same court as per following circular or approach the High Court for time bound disposal
Karnataka Case Flow Management Rules
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
Venkat
(Querist) 04 July 2019
Thank you
Thank you
Thank you
