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(Guest)

After filing child custody petition when can i file interim

Divorce is pending and after filing child custody petition when can I file interim child custody ?



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 3 Replies

Adv. Chandrasekhar (Advocate)     04 November 2014

Interim relief applicatin for visitation rights, you can file along with main custody petition.  If you did not file along with main petition, you can file it at any time.  No restriction is there.

Tajobsindia (Senior Partner )     04 November 2014

@ Author,


1.
It is always filed along with main custody Petition for a reason interim custody (visitation ) is a a summary procedure and visitation in absence of custody is more or less granted with few riders and non-custodial father - mother need not have to wait for final decision on custody which may take some more time. 


2.
If already not filed then you may file an Application under S. 151 CPC if S. 26 HMA if filed or if using GWA Act then under S. 12 GWA file it now or by next date of hearing as the facts may be. 

 

[Last reply]


(Guest)

The fact are totally different, wife is a psychiatric patient, has left matrimonial home with 7 years old child 1 year ago. Husband filed RCR but she not returned, only husband able to return back his child.

Now the child live with his father, after filing divorce petition the husband feel fear that the child may take by her mother forcefully. So husband filed Child custody petition. 

To secure the education of the child the husband now want to file interim Custody. How and when he can able to file interim Custody after child custody petition ?


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