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Kishan (Professor )     07 May 2023

Child visitation

I am not happy with the condition of visitation rights and the way of its execution. Can I apply for a little change of the original order? Will it hamper the original order?


 6 Replies

T. Kalaiselvan, Advocate (Advocate)     07 May 2023

If you are aggrieved by the court order nothing prevents you from preferring an appeal against the order to suit your original pleadings made in the application for child custody/visitation rights. 

Advocate Bhartesh goyal (advocate)     07 May 2023

You can file appeal against the order of court but can't  file review  or modification petition..

P. Venu (Advocate)     08 May 2023

You can seek remedies as provided by law. But, why you are disaatisfied? is it because of change in circumstances?

Kishan (Professor )     08 May 2023

Because the visitation place is given in a public place (a Mandir). That's why It is difficult to stay for much time. I wish to change the place to a private house or a hotel room. 

Alpa Jogi (Advocate) (Lawyer / Advocate)     09 May 2023

You can file an appeal against the court order if you are aggrieved with the orders. However, if there are changes in the circumstances than you can file a fresh petition in the same court to modify the orders as Supreme Court has clearly stated that child custody order are never final and can be changed with the changing circumstances..



Alpa Jogi (Advocate)

Advocate in Ahmedabad

Niharika Lohan   12 May 2023

Hi, Kishan. As disappointing as it may sound, there’s no provision in law to apply for changes in an order of the Court. However, if you are dissatisfied by the aforesaid order, you have the remedy of appeal available before the Hon’ble High Court, wherein you can challenge the passed order under section 47 of the Guardianship and Wards Act, 1890. The Court shall then look into the merits of the case and give its verdict in accordance.
The Courts are a little liberal when it comes to cases of child custody and provides for changes in custody order in case of changes in circumstances of either the child or the custodian. In your situation, the visitation is set at a public and pious place, which remains open all day for everyone. In my opinion, it majorly depends upon the deciding judge for fixing the visitation
 place and his opinion as to which place he thinks is best suited for the meeting, in the interest of the child.

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