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pun (eng)     29 July 2013

Child visitation order alteration

Hello Members,

I have a query regarding the child visitation in Domestic Violence Act.

husband got the visitation orders under sec. 21 of DV act which was later appealled by wife in sessions court under sec 29 of DV act and there also visitation was allowed with some modifications. 

Now husband want to go for alteration of visitation order under sec 25 of dv act to increase the time of visitation as there has been considerable time been passed and child is quite comfortable with father.

Does the father need to apply under section 25 in JMFC court where DV case is filed or in sessions court where the order was finally passed.

In case if the application is filed in JMFC court, does the JMFC court has the right to modify the order passed by session court.

In case if the application is filed in sessions court, can the sessions court accept the application under sec 25 of DV act because the case of domestic violence is running in jmfc where sec 25 of DV act is applicable and only appeal under section 29 of DV act can be filed in sessions court.

Thanks



Learning

 2 Replies

Have a Heart Foundation (Sales & Mktng)     29 July 2013

It is advisable to file for Child Custody under Guardians and Wards Act and ask for Interim Visitation Rights.

Adv k . mahesh (advocate)     30 July 2013

in sessions court you can apply as the modified order was passed by that court if you want any modified means extension of time but child custody means in JMFC court only you have to file 


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