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(Guest)

Child visitation rights

I am going through a false Domestic violence case which is filed in the sessions court and i am contesting it .Almost a year is passing by and still interim maintanence has not been passed . My wife  has asked for maintanence of the child and i have said that i am ready to pay maintanence at a reasonable rate provided i am given visitation rights for the child . Even though she has not been able to prove neglect as i have sumbitted my bank statments,both the salary slips and bank transcations  through which i have shown that money has been sent for the child and as a matter of fact she has invested this money only in her name in fixed deposits and mutual funds ..

The case was filed in Jan 2011 and my wife moved from my place to her mothers place with the child from april 2011 without intimating me which is 10 minutes walking distance . What is the proceedure to apply for child visitation rights / over night physcial visitation of child from saturday to sunday of every 1 st and 3 rd week of the month and equal sharing of her annual holidays .  

Should i file a a application in the same session court Under S12,17 of GWA R/w 151 or just a normal application for child visitation rights . 

Secondly as i am contesting this case on my own without a lawyer . I have a question ?? For the past 4 dates only her lawyer appears for the hearing and she is absent . Is it right that a applicant can file a case and she can remain absent and her lawyers appears for it ??

 

Your replies would be most apperciated !!



 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 October 2011

First of Dist., court has no jurisdiction to try the DV act cases.

You can file an application seeking custody of the child.  While arguing on the application if court denies it you can pray for the visiting rights.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 October 2011

Stanley,

 

It might be in the district court complex, but with some other court (JMFC normally)

 

Also, you can visitation under Sec 21 of PWDVA, 2005 in the same case or also under provisions of Guardian and Wards Act, 1890.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Ajay (md)     11 January 2012

I am staying in Delhi. My child is with my parents in Ghaziabad.During Divorce in 2003. In G &W C case filed for custody by fahter it was ordered that the child son who was aged 2 years then be allowed to be visited by father at local advocate\'s office between 12 noon to 4 pm.This was done for some time then the same discontinued.Now father has filed contempt proceedings asking to punish mother for not complying with order in G & W c which was dismissed in 12.8.2010 and to hand over custody of child yo Complainant . The Contempt case was filed in the High Court which asked the father to appear before the Family Court before whom the G & W C was filed. Is there any such matter /proceeding and to what result?  -  

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 January 2012

repeated query Ajay./

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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