Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

S. 26 HMA Interim Visitation ?

Can seniors guide me in following?
(A) In a case of S. 26 HMA Interim Visitation is granted or not?
(B) Are there any citation reference for above relief?
(C) A litigant has filled both GWA S. 25 R/w S. 12 as well as S. 26 HMA. In S. 12 GWA Interim Visitation has been already granted and is running. The Father applied under S. 26 HMA for Winter Visitation. Both suits are running from last 2 years. Repondent mother side has not taken stay in either of the suits till date. Both courts are aware of each others proceedings.
What are Point of Law in above situation?
Rgds

 

 

 



Learning

 5 Replies

V.V.RAMDAS (Advocate)     30 December 2008

Dear Arun Kumar,


Wish you a happy new year. Reaply to your fist question  I would like say that  under section 26 of HMA thaere is a provision of interim visitation  the court is also competant to give interlocutory order for production of the minor in  such a place   and time and before such person as it appionts  and make temorary custody and protection of the person  or  property of the minor as the court thinks proper but in case female child the provisions are something different as per situaton. The Petiion under S26 HMA  has to be filed before the Civil Judge (Sr.Div) and the Petiton under GWA is before D.J Court. (Ramdas)

V.V.RAMDAS (Advocate)     30 December 2008


Dear Arun Kumar,

Wish you a happy new year. Reaply to your fist question  I would like say that  under section 26 of HMA thare is a provision of interim visitation. As per 25GWA  the court is also competant to give interlocutory order for production of the minor in  such a place   and time and before such person as it appionts  and make temorary custody and protection of the person  or  property of the minor as the court thinks proper but in case female child the provisions are something different as per situaton. The Petiion under S26 HMA  has to be filed before the Civil Judge (Sr.Div) and the Petiton under GWA is before D.J Court. (Ramdas)


(Guest)

Dear Mr. Ramdas,

While thanking you for the interest shown by way of answer I will rephrase my main que;

(a) Is there any cirtation which says that both S. 26 HMA as well as S. 25 r/w S. 12 GWA cases interim visitation can be given?

(b) Is there any cirtation which says that HMA court have powers to grant interim vistation under s. 26 HMA while GWA cases are proceding?

No stay has been taken by wife's side in either of the respective section filled suits of mine nor respective corurts knowing about each other's proceedings have taken a stay of their proceedings as other court the same relief is parallely running.

I asked specifically above as the new central zone HMA ADJ categorically told in open court that there is no such provision where as I showed him Bare Acts and pages from Mulla's and Paras Deewan !

Why I am quoting HMA ADJ is because come winter break openning of court sof Delhi I am filling certified copies of Admission u/s O 11 / R 14 r/w S. 151 CPC submitted in respective courts by wife's side which are contradictory and based on O11 / R 14 I can very well ask for Judgement in that suite...right !

 


Wishing you and family Season's Greetings too.

V.V.RAMDAS (Advocate)     03 January 2009

Dear Arun Kumar,


 I am sorry to inform you that  serching citations in a busy shedulet is a painful work, any way I am giving  4citations,which are readily avilable with me  but how much helpful to you is not known to me. Any way go through it - 1995(1)DMC142, Archana Desarodhi  V. Shiva Kumar, -.AIR 1990 Cal.4,.- 1992(2) DMC 206 (Karnataka)-1995(1) DMC 621(M.P.)--Ramdas-.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     10 January 2009

Thanx Mr. V.V.RAMDAS  for valuable judgements.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query