KK Hariharan 01 January 2018

Approaching family court for enhancement of visitation

My query is regarding a case in which divorce has been granted and custody of a female child has been granted to the mother and confirmed on appeal by the high court some years ago. Can the father now approach the family court under section 26 of the HMA (under the “after the decree” provision) to seek certain enhancement of visitation rights granted to him, without seeking any change in custody (which would remain with the mother)? If so, are there any citations that support this, i.e., allow approaching the family court for relief after the matter has been confirmed at the high court? If the father would have to approach the high court directly, what type of application should be filed and under which provisions of law?

Thanks in advance.

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7 Replies

Vijay Raj Mahajan (Advocate) 01 January 2018

Move fresh application under section 26 Hindu Marriage Act,1955 seeking enhancement of visitation period for minor child as the right forum is the Family Court for getting the relief as it is the first trial court and High Court was appellant court confirming the order of the Family Court..

KK Hariharan 01 January 2018

Originally posted by : Vijay Raj Mahajan
	Move fresh application under section 26 Hindu Marriage Act,1955 seeking enhancement of visitation period for minor child as the right forum is the Family Court for getting the relief as it is the first trial court and High Court was appellant court confirming the order of the Family Court..

Thank you, Sir. But just in case any doubt is raised when the family court is approached, is there a citation from the SC or HC where it is specifically made clear that a party can approach the family court under section 26 even after the matter has been decided at a higher level? The reason I ask is that while confirming the divorce and custody, the HC had made some enhancements to visitation rights, but that was a few years ago.

Thanks again.

Helpless Guy (IT) 01 January 2018

Hi KK HariHaran , Why don't you move to supreme court and get full physical custody of your child ?

Helpless Guy (IT) 01 January 2018

Hi KK HariHaran , Why don't you move to supreme court and get full physical custody of your child ?

Helpless Guy (IT) 01 January 2018

Hi KK HariHaran , Why don't you move to supreme court and get full physical custody of your child ?

KK Hariharan 01 January 2018

I had decided not to pursue custody further quite some time ago. Now I am only seeking some slight enhancement to the weekend & long vacation visitations to include a couple of important festivals. Hence my interest in knowing if there are citations that support going back to the family court with an application under Section 26 after the HC has disposed of the matter.

Regards,