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harrassed (SE)     18 April 2015

How to ask for child access

Hello Everyone,

I have filed divorce case (on cruelty) against my wife in January-2015 as she has filed 498A second time even though the first case was closed saying that there were no harrassment. In the second 498A that she filed in a different state, the chargesheet says clearly that there were no dowry harrassment. This case is still pending. In the meanwhile she has filed DV case against me and my parents. For last 8 months my parents and me are staying in a rented accomodation while she and her mom are staying in my apartment. 

I have a 4 year old son and I would like to know how I can ask for child access? In the DV case she said that I should not be meeting my son. Please advice.

Thanks for your help.

 



Learning

 6 Replies

sandykrish (Interested in Family LAW)     19 April 2015

File an IA in the PWDVA case asking for the visitation rights, father being the natural guardian the court will definitely pass the order for visitation. Consult your lawyer who is handling the case.

FightForCause (Businessman)     19 April 2015

File under section 21 of DV act.

Adv. Chandrasekhar (Advocate)     19 April 2015

While moving application in DV for custody of the child is one of the options, it has got its own problems.  You would do that and ask for custody.  While doing so, also file independent custody case along with visitation rights.  Because, in the latter case, which is initiated by you the orders are permanent in nature.  In the former case, if she stops to attend DV case or withdraws it after you get interim custody orders, then along with the withdrawal of case, all the orders passed during the pendency of cases become ineffective.

sandykrish (Interested in Family LAW)     19 April 2015

I endorse the opinion of Adv Chandrasekhar, apply under sec 21 of DV and also apply for a separate case of custody, in case if she withdraws the case, the interim orders will also be canceled.

T. Kalaiselvan, Advocate (Advocate)     29 April 2015

It is always better to file a child custody case separately and an IA in it seeking visitation rights as an interim relief.

Kamal (XYZ)     24 July 2015

What is the elaboration of IA?


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