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Nit (Learning Law)     24 December 2025

How a father can get special vistitig rights on minor child's birthday?

I'm a father of the child. Nearly 3 months ago, I  got visiting rights to see my son on every Sunday from 10 AM to 12 PM. After filling EP, respondent (mother) is handovering child to me as per the schedule.

Now, my child is turns into 3 years on January 07, 2026. That day is not Sunday. So, I would like to request the Hon'ble court to allow me to celebrate my son's birthday.

But, the question is how to do that? I need to file an Memo for this? OR I need to file seperate IA for this? What is the section that you need to mention at the time of filing memo or IA? OR Is there any approach?

I request, Please guide me to get the request approval from the court. 



 9 Replies

T. Kalaiselvan, Advocate (Advocate)     24 December 2025

You may have to file an IA under section 151 CPC seeking special permission to visit your child on its ensuing birthday, provided your spouse has rejected your oral request.

You should clearly mention the background facts about the earlier permission for visitation rights in your application without fail.

The court may pass orders after hearing both the sides accordingly.

1 Like

Nit (Learning Law)     25 December 2025

Thank you, Kalaiselvan Sir for your response.

I forgotten to mention one more thing. I'm wearing ayyappa mala and carrying Irumudi on December 31st. This is my first time, and important day for me. So, I would like to my son to be part of this. For this, I'm planning to go to Ayyappa Temple at Respondent Native Place. As you said, I will file this IA and request the Hon'ble court to grant special visiting rights on December 31st and February 04, 2026. 

But here my concern is The date (December 31st) is very near, how you can file this petition as urgent petition and request the judge to get visiting rights on both the days. 

T. Kalaiselvan, Advocate (Advocate)     25 December 2025

Court will not dispose the petition in such a short duration.

Since you had this program in your mind, you should have planned it long before, if the court is not passing any order within this intermittent period then the petition becomes infructuous and the very purpose will be defeated besides you will be disappointed to a great extent.

Therefore considering the factors involved in this, you may take a wise decision before it is too late.

1 Like

Nit (Learning Law)     25 December 2025

Thank you sir for your guidance, I will make a decision on tomorrow. 

P. Venu (Advocate)     27 December 2025

Law or its procedure does not prohibit the father meeting the child on occasions other than the stpulated visiting tme.

1 Like

Nit (Learning Law)     27 December 2025

Originally posted by : P. Venu
Law or its procedure does not prohibit the father meeting the child on occasions other than the stpulated visiting tme.

Sir, Thanks for the response. 

Dr. J C Vashista (Advocate )     28 December 2025

Did you discuss with your lawyer and apply for extended visitation rights on specific day/date / occassion before posting this / any such query on this platform?

Nit (Learning Law)     28 December 2025

No, Sir. I didn't discussed with this my advocate. After posting the query here, I requested my advocate to file an IA on Monday. 

Dr. J C Vashista (Advocate )     29 December 2025

It is observed from your profile you have been posting numerous academic queries of different varieties, which do not affect you and that you should have discussed with your professor/ tutor / guide, some of  them are:

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Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=1091221

Such a trend is going to adversely affect needy litigants for  which the experts are employing their precious time, efforts and expertise for the sake of doing social service.


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