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Doomed_Man (Respondent)     21 October 2014

Visitation asap

Dear Gurus,

Brief facts: Son is US citizen and 2.5 years old currently living with my wife in different city in India. I am in India too.

Wife deserted in March 2014. Received 125 / DV summons in July 2014. 4 court dates so far  and will be providing WS in Nov.

Wife is denying access to my son. Has also admitted in front of counsellor that she will not let me meet my son. Counsellor also suggested that he will be present when she lets me meet my son. But it did not help.

What is the best best way to get quick visitation rights. Please also mention Act and section. Thanks


 12 Replies

Tajobsindia (Senior Partner )     21 October 2014

@ Author,


1. File GWA Petition for custody along with Application for interim visitation in family Court. 

2. Serve Notice to wife by hand - pasting. 

3. S. 25 GWA for custody and S. 12 GWA for interim visitation. 

4. Urgency Hearing pleadings in GWA case once admitted referring to Family Court Counselor report already in records of family Court which is from another family litigation case of similar parties.  Same ld. Judge will hear this case too if ordinary residence of child is similar to her natural mother's filed  memo of appearance who has filed other cases upon you.

[Last reply]


Doomed_Man (Respondent)     21 October 2014

Thank you Sir. Can I also apply under DV sec 21 just for visitation. If so can this be a part of her DV application ? Just trying to avoid one more litigation. Also in the case of 2.5 yr old son, doesnt seem that custody will be granted

Adv. Chandrasekhar (Advocate)     21 October 2014

Yes. you can file application under section  21 of the DV Act for the limited purpose of visitation rights.  But do not avoid to file GWA main petition for custody of the child and interim relief application for visitation rights.  Needless to say that the latter falls within the jurisdiction where the child ordinarily resides. 

1 Like

Adv k . mahesh (advocate)     21 October 2014

first file under Guardian and wards act for custody of the child and immediate interim relief for visitation rights to meet the child which will be granted 




Doomed_Man (Respondent)     21 October 2014

OK SIr. Is there any reason why I should file for custody even though knowing that judge will surely reject custody and only allow visitation as the boy is just 2.5 years old.

Adv k . mahesh (advocate)     21 October 2014

immediate relief of interim visitation rights will be granted and case may take some time to decide till then you will have time 

1 Like

Doomed_Man (Respondent)     21 October 2014

Maybe Im wrong, but custody of a 2.5 yr old kid will never go to a father unless its extreme case of adultry or insanity on the part of wife. So why waste time n money on seeking custody instead of going just for visitation under DV 21. 

Adv. Chandrasekhar (Advocate)     21 October 2014

First, visitation rights under DV Act are temporary and if she withdraws DV petition or DV petition is finally adjudicated, the interim relief stops to operate.  Further, any other court (esp. Family Court) grants any other order about visitation or custody that will override the orders under DV.   Next, GWA  custody case takes not less than 3 years and by that time child will grow up above 5 years, when the court decides the final custody. The visitation here is interim relief, it will continue till GWA custody case is finally decided and at the time of final decision also, the court if not grant custody to you, make some arrangemet for visitation even after finalisation of the case. 


Doomed_Man (Respondent)     21 October 2014

Thank you v much sir. Your comments make a lot of sense for me.

letsfight (engineer)     21 October 2014

Hi Mate, We are fighting for the Fathers right, can you please reach out to me on 9902210641

Doomed_Man (Respondent)     22 October 2014

Can i walk in anytime in court where my DV case is going on and file dv 21 for visitation or do i have to file it alongwith Written statement  for 125/dv case.  I still have some time to finalize WS for 125/dv, but i am thinking before that i will file dv 21

Khan   01 June 2016


I have PM to you please reply .

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