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(Guest)

Child Visitation Case procedure and stages

Hello Learned Members,

 

Could you please let us know procedure of filing child visitation and stages of the child visitation case ?

 

Thank you.



Learning

 11 Replies

pratik (self working)     16 June 2011

like to know.

Tajobsindia (Senior Partner )     16 June 2011

@ Author

If natural father is applying for visitation only then the procedure is straight forward where as in the absence of natural father if grand parents are applying then the process flow is bit lengthy. However feelign that you may be natural father here we go;


1.
First file an "Application under S. 12, 17 GWA R/w S. 151 CPC for visitation of minor child namely XXXX"


Mention the facts so far along with child welfare and best interest in favor of you and at the end do give stress on Jurisdiction of Court to entertain this application as where the child lives is the Jurisdiction of the Court not that child is living in Mumbai and you are living in Patna so you can be allowed to file in Patna. Nopes.


2. Always mention in Memo of Parties all her Service address including working email ID and if there are other civil / criminal cases pending between you two then mention Service also at ld. Counsel's of defendant mother at address / email ID.


3. Once the suit is as per Rules and is admitted in concerned Court past your sides basic opening submissions then Service to natural mother and or her ld. Consel will be issued by concerned Court. File PF along with copy of suit and request Ahlmed / Court staff to mention no. of pages of suit in PF Notice Form in brackets. During admission hearing always mention PF by all means i.e. RPAD / Email / Courier also be allowed.  All these saves time. Also request for short date as it is not conducive to welfare and best interest of child to be alienated from father by possibly giving long date as next date of hearing. File a service affidavit if you have sent court service via email / courier with printout / receipt respectively.


4. Remember S. 12 GWA is a summary proceedings that is why you are using S. 151 CPC which has wide inherent powers of the concerned Court to dispose such a summary trail case on first hearing itself! Well on first date of hearing either they will say full suit pages not received and or I need time to appoint a counsel and or she will not even appear. End result you will be given another date of hearing. Again plead for shorter date and if there is any direction for second service then follow the basic procedures of back office of the Court same day.


5.
Wait do temple / church / / mosque / gurudwara visit(s) seeking for safety, security and welfare of child meanwhile in case you had never done that all these days !


6
. Wait more and follow para 5 again!


7. Now if they appear and submit written statement / counter then again plead for short date to do final arguments and do not get into trap of submission of rejoinder and what nots as one needs to understand that you are seeking only visitation not custody and lengthening court dates is no good for a summary procedure such as seeking visitation of a child with natural father and what good will happen for a child if dates upon dates are given for a summary proceedings ! He / she will grow up fatherlessly. You may say softly all these to ld. Court. A baby who cries louder gets milk is the basis here as fathers are always b*st*rds, gay, pedophilic and rapist in the eyes of Judiciary read as said by mothers in India and only a mother is true as in all her gospel truths !


8. Normally in 98 cases out of 100 cases of visitation mother says you are drunkard and child company is no good. You summit then and there itself for breadth analyzer as well as blood test to rebut her high pitched dramas. In 98 out of 100 cases mother says fathers character is not good then you rebut saying had it been so then why no complain till date by mother to any authorities! In another high voltage drama mother will say you are not a fit father and where was he all these days that he is seeking visitation now?, rebut her charges saying you deserted removing the child from original jurisdiction and it took me time to find out where my child jurisdiction is and I was under the impression that sense will prevail and both mother and child will come back to matrimonial home and anyhow I am a social person and as a social person feels afraid to approach court and police it took me time and gather courage to come now here etc. etc.


9. I follow summary proceedings as summary proceedings and prefer not to give ld. Court a extra mile more than what is mentioned in Law / Rules and thus would not like to proceed further unless and until a reader reaches to para 8 stage…………


PS.:
Keep an Open Mind
once you have read of a new gyan which for one was already there, it's okay to ask authors if you are a father material. But try not to become immediately fixed on a old gyan in a new version / option, or you may deny yourself the chance to obtain a complete perspective and possibly the most appropriate visitation for your specific fatherless ness passing phase………….

4 Like

Ashok Yadav (Lawyer)     16 June 2011

Mr. Tajobsindia has explain it nicely, thank you very much sir.


(Guest)

Thank you Very much Sir.

Never Give Up (Fighter)     12 March 2012

Hello Learned members,


Application has been filed under GWA section 7,8,9,10 and summons has been served.


From this point (generally) how long does it take to get visitation rights .. Please suggest.


Regards

A1(498A)

Never Give Up (Fighter)     12 March 2012

First date is scheduled to be first week of next month.

Tajobsindia (Senior Partner )     12 March 2012

 

 

Originally posted by :Never Give Up

"

Application has been filed under GWA section 7,8,9,10 and summons has been served.

From this point (generally) how long does it take to get visitation rights .. Please suggest. 

"

Ayeeee...............


You are seeking Court Order for declaring you as Guardian of a minor via usage of above Sections of GWA The Act so que. of visitation does not arise unless you are P-I-P and Court notices same and grants divine intervention out of love and affection of a father towards his child for visitation in the absence of OP not challenging the same!


BTW are you doing self experiments in GWA Courts as P-I-P kya !

PS.: Waisey bhi the main que. can only be touched if concerned court process are serviced upon right now only notice is issued it is not yet served – right and no NDOH is mentioned to give a clue as to what to do on NDOH.

Half facts based query.

PIP – Party in person

 

1 Like

Never Give Up (Fighter)     12 March 2012

Sirjee,

 

I was made to understand that judge in FC would give appropriate visitation order from this application by my lawyer. If that is not the case probably we will have to file one more application for visitation :-(

 

Things have started moving now so hopefully i will get to see , meet and play with  my little one...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 March 2012

OMG.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

deepakeshwar (Manager)     05 April 2012

 

Hi Friends, regarding visitation rights, my sister child 3years with us and my sister died bcoz 304B, 498A,3&4 DB Act, case is going on. now my sister husband is asking for visitation rights for the kid, what all the possibilities is her father gets visitation rights ? Like this kind case, and wht all kind of visitations rights are like..

still 1.1/2 years he dint came or asked any child or mother, bcoz of property now asking for visitation right and also he filed custody of child..

 Now hiring is for visitation of child, please help whts law tells about this kind of situations

Many thanks

Deepak

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

Unless there is a conviction, he would get visitation rights.

 

Worst case scenerio, he might get visitation rights under court supervision.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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