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Uday (EMPLOYEE)     07 June 2015

Visitation in divorce case

Hello All,

In Short, my wife has filed an MC case under section 13 (A) (B) from the place she is residing, its been running since a year, Status - Evidence from Petitioner. However I have filed a GWA case from where im residing (another city). Since an year they aren't receiving the court notice, Status - Notice sub stage. We are getting into legal battle. 


1. Can we file an IA for child visitation rights in Divorce Case?

2. Under which section can we file an IA?

3. What to do to get the visitation rights? Please suggest.





 12 Replies

FightForCause (Businessman)     08 June 2015

Yes u can file u/s 26 of HMA( Divorce ) case.

Put up an IA application u/s 26 for child visitation and also ask for details of school, medical records, vacation access etc of child.

Please do this if you are really interested in child, just for the sake of troubling wife should not be the motto.

Once child gets attched to you , and later you leave child will be cruelty on your own child.

Do everything in good faith and let law take its own course.

Bombay and MP high courts have approved Child Access and Visitation guidelines, refer them in your application and attach them in your application

you will find the same on interent


All the best

Uday (EMPLOYEE)     08 June 2015

Thanks for the Advice. I have no intension of troubling anyone. As a father i want to be with my kid. Intentionally they are avoiding and creating all sorts of troubles for me and keeping the child away from me and denying visitation, Hence requested for advice.

Are you referring to CHILD ACCESS & CUSTODY GUIDELINES (Attached the document for reference). If any other documents, judgements related to this please send me. 

Thanks in advance

Attached File : 228155 20150608111927 584305928 child access custody guidelines.pdf downloaded: 150 times

FightForCause (Businessman)     08 June 2015

Hi Uday, Not questioning your intensions.

I myself is going through the same. Yes guidelines are same and also you can attach parenting plan.

For judgements you will find many if you browse custody section thoroughly


All the best.

Uday (EMPLOYEE)     22 August 2015

Hello All,

With experts advice from this forum filed IA application u/s 26 for child visitation in already running divorce case. She has filed an objection making false allegations.

Judge informed her to bring the kid to court (baby girl of around 5 years). 
But, my wife has brainwashed, taught and coached the kid in such a way that kid is not ready to talk, come to me or even see me now. 
Earlier she used to come, talk and spend time with me. 

What to do now? Please help and suggest how to get visitation rights in this situation.
Will judge deny visitation to me since she (kid) is not ready to talk or come to me? 

Any help, suggestions to proceed further.

FightForCause (Businessman)     24 August 2015

Hi Uday,

How much time has passed since you saw your daughter.

Prepare a counter reply on your wife reply and stating the facts .

Try to bring to notice of Judge good times you spent with your daughter. Some coloured pics will be good to be documented.

Child is small and her consent is not really of much weightage as she is with custodial parent since long...Judges do factor this and you can raise the same in your arguments.( There is a case law related to same....will try to find it and post here )

Dont give in writing from your side that child is not coming to u.....will not help your cause if u go higher courts.

Best of Luck

Uday (EMPLOYEE)     26 August 2015

Thanks for the advice. Since march I didn't met her. Inspite of many requests she didn't allow me to meet her. I even went to school her, they denied permission.

Please post any information which helps in this situation. Next hearing is in first week of sep, It would be a great help if you could provide the case law information before that.

Thanks again....


amaresh   26 August 2015

In every Police Station, the 2nd officer is the Child & Welfare officer. Go straight to the PS, made a application explaining all & also enclosed the case history. Show them that you are very much concerned about your daughter. And pray to them for a visit to your father-in-laws house for the wellbeing of your child. And as this a public foram, i have to stop here, but dont let your hope down.....All d Best....

ANAMIKA VICHARE (LAWYER)     27 August 2015





prabhakar advocate (advocate)     27 August 2015

1.  Immediately you discuss with your advocate.  The GWA case you filed in your place is wrong jurisdiction.  It should have been filed where the child is ordinarily residing.  After putting a lot of efforts in this case, at the end, if you lose the case on the question of territorial jurisdiction, it hurts you very much.  So, file your GWA case, where child is residing.

2.  S. 26 order is temporary in nature and survives till the main divorce case filed by your wife survives.  Once the case is over, or withdrawn by your wife, all the orders pass within this petition will vanish in thin air.  So, while struggling to get some relief u/s. 26 application concentrate on GWA case after filing it in proper jurisdiction and in that move application for visitation rights.

Prabhakar - Advocate


Legal Aid panelist - Family Court - Central Delhi (Tis Hazari)

Uday (EMPLOYEE)     28 August 2015

Filed a G & WC case under section 7 and an IA under section 13 from the place I'm residing for custody of minor daughter (aged about 5 years). Jurisdiction question came while initial hearing and we submitted my residential/address proof and requested for orders.

After many hearings (about 6 months) Honorable family court judge issued an order 'Application allowed, issue notice to respondent (wife)'. Judge who issued this order has been transferred now and some other new judge is being appointed.

Notice been sent to my wife residing in another city. After much delays (played all sorts to tricks by not receiving court summons) finally (after about 6 months), notice is served and my wife was present in court hall and the matter is now being referred to mediation next month.



1. Can new judge still dismiss my G & WC petition now based on jurisdiction issue? Since child is not residing here?

2. Should i file one more separate G & WC case where already my divorce case is pending?

3. What to do if my wife files a transfer petition to her city?

4. I don’t have any address proof in another city to file case. How to proceed?

Any other suggestions are welcome in this situation

Please help. Thanks in advance

Uday (EMPLOYEE)     02 January 2016

Thanks for the expert advice, got visitation order for my IA under section 26 of HMA.



Uday (EMPLOYEE)     07 February 2016

Once again requesting help and advice from experts. 

Though I got the orders for Visitation (every sunday from 10 AM to 5 PM) under Section 26 of HMA, my wife is not following the orders and not co-operating to send my daughter with me.

She has completely brainwashed my daughter, who earlier used to come to me, play with me be with me without her mother, now refuses to even talk to me and says she wants mom & hide behind mom. If forcefully tried, she starts crying. Perfect case of allination. Don't know what to do.  Please help and provide your advice so that how to proceed further. 

Spoke to my wife and requested to leave her for sometime with me but she is not ready for that. I don't want to separate mother and daughter. I want to spend sometime with my daughter too ....


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