Interim visitation modification petition


Hi My case is running in family court for child custody under guardian and wards act.

I had filed the main op and interim visitation and asked for week day and weekend and overnight custody in the interim visitation application.  while disposing the interim application judge asked me and my wife to file a joint memo and allowed only 2 hrs visitation in a week. it has been 1 yr now and I was looking for modification of the order.I woring filed the modification petition as Ia under sec 17 of GWA r/w sec 151 of cpc.

Now the respondent say that the sec is wrong and the relief claimed cannot be granted. secondly we had filed joint memo and the relief was granted only for 2 hrs so now this court cannot modify the order and it has to be appealed or revised in high court.

 

My question is can a interim visitation order be modified even after filling a joint memo as the main case is still running. I am just asking to modify/enhance the visitation order. and mentioning only the wrong section in the title will make my application invalid. can the judge dismiss this. what is the remedy to modify the order. Pls suggest.

 
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Advocate,9444674980

modification is difficult, it is better to go on revision against the said order, mentioning wrong section will not vitiate any legal process even if it is so, the court can make good of that. so i recommend to go for revision for appropriate remedy.

 
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Simple,Don't confuse,if you aggrieved any interim order in family court proceedings the only thing is available revision.(Civil Revision).moreover the family court does not have a such power to modify its own order. 

 
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