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Ramesh (student)     31 August 2012

Visitation right

Dear  learned experts                                    31/08/12

Is it necessary to ask the visitation of right only in the case of CUSTODY OF CHILD ?

Can a parent demanded and pray to the family court in a case of CRPC 125 filed by the estranged wife.

Kindly guide in the matter with suitable section if any at the earliest.

Regards

Ramesh



Learning

 3 Replies

MRRpersonality (Knows very little about Indian laws)     31 August 2012

You can not pray for visitation rights under crpc 125.  This is entirely for maintenance.  You have put in a separate application under GWA act.   Or if there is a DV case, then you can use the section under DV for visitation.   

stanley (Freedom)     03 September 2012

Hi Ramesh , 

CRPC 125 is for maintanence . You can ask for visitation under GWA under section 12 or under section  26 of the Hindu marriage act or in case a DV case is on under section 21 child custody of the DV act .

Tajobsindia (Senior Partner )     03 September 2012

I disagree to both @ MRRpersonality as well as @ Stanley replies.

1. Yes natural father can jolly well file application for visitation when wife has filed S. 125 CrPC in a Family Court.
2. Various Family Courts have already granted and natural fathers enjoying them not only under S. 125 CrPC (Orders issued from Family Courts) but under S. 21 DV Act (Orders issued from Magistrate Courts as DV cannot be run in a Family Court though proposal is pending legislative Amendment to include DV matters adjudication via Family Courts !).
3. Just mention Title - "Application under S. 8 (a) (c) (ii) and also r/w S. 7 (1) (a) (g) of Family Courts Act, 1984, as amended and uptodated for granting visitation rights / access to Baby XYZ".
Reasoning:-
Both above repliers missed bare reading Rules of Family Court which has widest powers if pending matter U/s 125 CrPC before it. Also just a standalone application under S. 26
HMA
can also be filed by a father bereft of any other litigation in a family Court and seek interim visitation / custody Order and for the same no other Act / Code application is necessary adjudication in FAMILY COURT.
That is why I keep repeating here “kaam karney wala hona chahiye persuasive Judgment from other States ko plead kar ke and further interpreting the Object and Reason of Family Court Act, lekin main kya karu yaha summery reply aap log de dete hon half knowledge ki vajah sey” 


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