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Sanjay (Manager)     21 March 2010

HMA 26 Interim Custody/Visitation

No orders yet in GWA case as the other side is unnecessarily taking dates to deny us access to son. Can we file for Interim Custody and/or visitation in ongoing HMA case u/s 26? Please advise whether to file for only interim visitation or custody or both in the given situation.


 3 Replies


1. Multiplicity of 'cause" wdoes not help speed up the main issues.

2. You have already filed custody suit under GWA then what is the compelling reason that you want to multiply the same cause of action under provisions of HMA?

3. You are barred under provisions of GWA act to file another custody (interim) suit using HMA. Kindly read

S. 14 (GWA) Simultaneous proceedings in different courts
(1) If proceedings for the appointment or declaration of a guardian of a minor are taken in more courts than one, each of those courts shall, on being apprised of the proceedings in the other court or courts, stay the proceedings before itself.
(2) If the courts are both or all subordinate to the same High Court, they shall report the case to the High Court, and the High Court shall determine in which of the Courts the proceedings with respect to the appointment or declaration of a guardian of the minor shall be had.
12[(3) In any other case in which proceedings are stayed under sub-section (l),the court shall report the case to, and be guided by such orders as they may receive from their respective State Governments.]

4. Using MC Mehta Vs UOI citation of Hon'ble SC you can press for disposal of interim visitation (ex Pary) in GWA court under 2 months which law in hand.

5. In HMA though u can use S. 151 CPC making grandparents party and ask for visitation. This is more safe than multiple IA's for same cause using two different codes.

6. However visitation under HMA will not come easy untill Interim Maint. is disposed off.

7. Kindly consult / educate your Counsel and side by side do your own homework reading silent points of law on custody / visitation related applicable in your State.
D. Arun Kumar,

1 Like

S.B _Kolkata (Service)     21 March 2010

Indian judiciary system... really a extortion of money

Raj (fr)     14 February 2013


What will be better under HMA 26 or G&WA for child custody if child is in other state.

how to speed up the custody process.If respondent didn't turn up.



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