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Somendra Narayan Mukherjee (director)     16 September 2010

visitation right

I am fighting a trial with my wife in the district court on the issue of getting the right to visit my daughter. Can anyone give me any view along with citation that the court has given an injunction order on the visitation right . 

Further to mention is there any instance that the father has got the right to visit its child twice in a week?

 1 Replies

Tajobsindia (Senior Partner )     18 September 2010

@ Author

There are two ways to get visitation of child.

1. If matter under FCA then file S. 26 HMA and pray for disposal (even written statement is also not required and with advance argument it is a must to dispose your Application as per binding precedent) But you need to supply copy to opposite party.

2. File a independent S. 12 and S. 25 R/w S. 10 and S. 17 GWA Petition for Custody as well as Interim petitions in
Guardianship Court. The Civil Original Jurisdiction side Court has not only Family Court established under FCA but they have a separate Guardianships matters Court too. Here pray for disposal of S. 12 GWA Application within 2 months as per binding precedent of Hon'ble SC.

Additional take: Make grandparents also party in either of the above application so that in future if they want to see the child then they should not be feeling handicapped due to Court procedure lacunas of your ealier related filings before ld. Court. 

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