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Akshay   27 June 2018

Child visitation application in crpc 125 maintenance case ?

Hi,

My wife filed CrPc 125 case 2 years back in her hometown. She has custody of children and is not allowing me to meet them. My lawyer says he shall file interim application for visitation rights for children in the CrPC 125 case. Is it even possible ? 

Thanks,

Akshay



Learning

 7 Replies

SUNIL KUMAR (apprentice)     28 June 2018

You being the biological father, has every right to meet your children U/s 26 of HMA application for custody / visitation right may be filed If you are paying maintenance then you can give plea through your counsel that if I pay maintenance then I have right to see my children. Generally court awards visitation

Akshay   28 June 2018

Thanks for your reply. My bad, I did not frame my question properly. What I want to know is whether this application can be filed as interim application in the CrPC 125 case or I need to file a separate case for visitation rights. IA in CrPc case might make award of visitation rights faster as compared to filing a separate visitation case, but I don't want to end up in a situation where after 6 months court dismisses my IA saying there is no provision in CrPc 125 for visitation rights and I need to file separate case. Also, I have not yet started paying any maintenance as nothing has been awarded yet and arguments in interim maintenance application are yet to be done.

regards,

akshay

Vijay Raj Mahajan (Advocate)     28 June 2018

There is no way any interim application for child visitation filed under section 125 Cr.P.C.

An Independent petition under section 25 of the Guardians & Wards Act read with the Hindu Minority & Guardianship Act,1956 has to be filed by you in the Family Court seeking the custody of the children as you being the natural guardian and custodian of the children, the wife had removed the children from your lawful custody without your consent hence you should be handed over their custody. An interim application for visitation for children can be filed along the main custody petition that Family Court will allow as you are the father and natural guardian of your children.

This is the way the case for child custody and visitation should be worked out and not the way your advocate is advising, better check if he has any experience in handling the Family Cases.

2 Like

Akshay   28 June 2018

Sir,

Thanks for confirming my fears and clearly explaining the legal position in this matter. I will follow your advice.

regards,

akshay

sai narayana   03 July 2018

Originally posted by : Vijay Raj Mahajan
There is no way any interim application for child visitation filed under section 125 Cr.P.C.

An Independent petition under section 25 of the Guardians & Wards Act read with the Hindu Minority & Guardianship Act,1956 has to be filed by you in the Family Court seeking the custody of the children as you being the natural guardian and custodian of the children, the wife had removed the children from your lawful custody without your consent hence you should be handed over their custody. An interim application for visitation for children can be filed along the main custody petition that Family Court will allow as you are the father and natural guardian of your children.

This is the way the case for child custody and visitation should be worked out and not the way your advocate is advising, better check if he has any experience in handling the Family Cases.

Well explained.

Jaspal singh (practicing lawyer)     11 November 2018

there is no provision for interim or permananat visiting right or custody of minor child in 125 CrPC.

In any case big no however in HMA u can file an appopriate application under section 26 of HMA, if there is any litigation is pending between you else u can file seperate case.

 

Regards

Jaspal Singh(Adv)

9999987283

 

Abhay Tripathi   05 August 2020

Sir, i a law student and i wanted to know if there is any precedent regarding to this issue? if yes, please mention it. it would be really helpful

Thank you


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