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LegalFighter (test)     24 November 2016

Visitation enhancement ia under cpc 114 r/w order 47



Please help me in below queries where am doing PIP in my GWOP case:


1. Can i file an IA under section 114 r/w order 47 to review and modify the order(an interim visitation order provided in another IA of the same GWOP) to enhance the visiting hours of my child ?


2.Is this called Review Petition or Modification Petition?


3.After this review petition , still judge is reluctant to give more visiting hours,shall i go for appeal anytime?


 9 Replies


Regarding visitation rights, I advise you not to knock doors of court, while you already have, strike a deal with your wife regarding the same, make her agree for shared parenting by formulating a plan, agreeing mutually and filing it in the Family Court.  Now, yo u can go for modification petition in family court asking to extend hours as court may deem fit WRT visting hours or spending time with kid, if court orders and she does not follow, file EP and get things done.  All this has implications on young mind.  Both of you may be held resposible in childs court.

With all due respect, If striking a deal with mother was easy it would not have come to this stage. Most child custody/visitation cases are due to stupid and nasty mothers. You can't "strike a deal" with them.

LegalFighter (test)     27 November 2016

@Helping hand, I tried mutually but she doesnt agree for the same , thats why i have filed GWOP and visitation IA in court.

whatnot   27 November 2016

What is your current visitation period as alloted by the court?

How's your relation with the child?

Has there been attempt for parent alienation by your spouse?

LegalFighter (test)     28 November 2016

I asked for every weekend but Judge gave once in 4 weeks for 2.5 hrs I have photos and videos of my child and me since from his birth till his 11 that my wife deserted me Pat 3 years and even not allowed me to see my child.I filed section 9 before 2 years and she dragged the case for one year without filing counter. Yes during separation period I called he and SMS her to show my child but she never responded


Good thing is you didn't give divorce. Keep trying for child and wait for the right time to step up pressure. Tide will surely tilt your way one day. Just don't give up. When son grows up, there will be even more pressure and after he is fully grown, he will realize how good a dad you are and how nasty a mother she is, so will bond with you more and she'll be deserted from everyone, not just you like she wanted. Good luck.

LegalFighter (test)     29 November 2016

Thanks Venkat.It around 4 years we are now separated.Now Am planning to file divorce on the basis of desertion.If i apply i can get divorce within 6-8 months because while withdrawing section 9 petition,  I stated in a memo "Since you are neither ready to rejoin nor ready to file counter, herewith am not pressing this petition and file for divorce " and she endorsed it saying "No Objection".Hence Desertion of 2 years is proved there .


But my only concern is if i file divorce,Wont i get more visiting hours or custody of my sone after 5 years?I just need to know the pros and cons.


You will only have some control over her until you divorce her. If you give divorce, its like letting the thread for the kite go off your hands. So strongly advise not to divorce. Keep her unmarried and continue fighting for child access legally. 

sai narayana   30 November 2016

Custody or visitation is different from divorce. So you can file visitation enhancement appeal after/parallel to divorce petition.

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