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Rakesh Agr (fighter)     28 November 2015

Is multiple applications/prayers u/s 12 of GWA act allowed?

Respected Members - one urgent advice required.

Father had filed GWA petition u/s 7 and 25 with affidavit asking custody and guardianship. In the same petition he also prayed for interim custody u/s 12 and affidavit. Can he now file one more application on next date u/s 12 requesting visitation rights and suggesting the plan as approved by Mumbai HC.

Basically the question is can father file multiple applications with different prayers under same section like above. Or shall he has to wait till interim custody is decided. Kindly advice.

Father stays in different state so verbally asking visitation to judge would not be helpful because he cannot go over weekends or public holidays. So he want to claim the kids for full of summer vacations, winter, diwali etc. Also wants to put his name in school as guardian.




 2 Replies

498 A fighter (Advocate)     28 November 2015

same query with me but the condition here is that my case under sec13 is on evidence stage and i am going to get it in my favor.......

Dr J C Vashista (Advocate)     01 December 2015

No one can stop filing applications/petitions/suits, however, same shall be decided by Court after considering the material placed on record, evidence adduced by parties and legal preposition applicable/submitted.

Father can file second, third, fourth application, which shall also have to be considered and decided by the Court.

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