Civil Procedure Code (CPC)

Urgent - child custody case in two different states

This query is : Resolved 
 

Online (Querist)
19 July 2020

Hello:

I am posting my query succinctly, but if you need more details, please respond. Can I file a fresh O.P at Family Court under Section 12 of GW Act for permanent visitations along with IA? I am not sure which other section in law I can use to obtain visitation rights in this situation.

Thanks,







Rajendra K Goyal Online (Expert)
19 July 2020

Whether petition for interim visitation rights was also filed with custody petition.

Please ask your lawyer at Hydrabad to pray court to order for interim visitation right till final orders.

Dr J C VashistaOnline (Expert)
20 July 2020

Lock down-1.0 was implimented with effect from 25th March 2020, did you get interim orders and met the child before lockdown ? When did you met the minor last ?

Dr J C VashistaOnline (Expert)
20 July 2020

What is the opinion and advise of your lawyer who is well aware about facts and circumstances of the case and an able, competent and intelligent enough to satisfy your questions ?
Why do you need second opinion and advise of experts on this platform on the basis of limited facts posted by you except the fact it is available FREE OF COST ?

Dr J C VashistaOnline (Expert)
20 July 2020

You have stated that in 2019 your ex-wife has filed a child custody case in Hydrabad Family Court and while it was pending she moved to Banglore with the child, these are two different and contradictory statements as when she was having physical custody of child, why and how did she file "child custody" case ?

VenkatOnline (Querist)
20 July 2020


Hope you can now answer my questions..



Guest (Expert)
20 July 2020

First file a Suit for Visiting Rights in Bengaluru Court it self . Free Legal Aid Forums are available in all Courts . Discuss with them and there will be no objection to appear as Party in Person but seek the Legal assistance from them. In Family Courts all the cases would be Party in Persons of both the sides and mostly Advocates would be assisting them with out filing Vakhalat.

VenkatOnline (Querist)
20 July 2020

Thank you Sri. Rajkumar.

P. Venu Online (Expert)
20 July 2020

The facts posted suggest a different cause of action vis-a-vis the pending petition at Hyderabad. As such, in my understanding, the petition is maintainable.



Guest (Expert)
20 July 2020

Section 26 of the Hindu Marriage Act refers to Child's Custody to Father. You need not mention any Act in your Petition unless you are represented by an Advocate. Visitations are made with the child's best interest standard.. In general it is best for the child to have a meaningful and healthy relationship with both of their parents.. There fore it is rare that a Court would refuse Visitation Right to Parent.

Adv. Yogesh V NayyarOnline (Expert)
22 July 2020

You can as well file petition U/Sec 21 of Protection of Woman from Domestic Violence Act along with IA U/S 23 (2) of the same.



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