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stanley (Freedom)     08 October 2012

Visitation u/s 21 for respondent

 

Application filed under sec 21 by Respondent ( Male)  for visitation . The act reads as follows  Section 21 in The Protection Of Women From Domestic Violence Act, 200521. Custody orders.- Notwithstanding anything contained in any other law for the time being in force, the Magistrate may, at any stage of hearing of the application for protection order or for any other relief under this Act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent: Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful to the interests of the child or children, the Magistrate shall refuse to allow such visit.
Application u/s 21 was accepted by the judge and  written say  has been given by opposite counsel after which i sumbitted written argument for visitation on one date, oral argument took place on another date  . Judge began asking about maintainability of application to opposite counsel .  The highlighted red area was read to the judge but he began nodding his head in a manner no .

Respondent has exhibited With the above Exhibit A and evidence regarding neglect of the child on hand by the applicant ,the respondent sees no reason as to why an unfit parent (Applicant ) who has abused the child is allowed to retain custody of the child  and  why visitation should not be passed towards the non custodial parent  with the below mentioned prayer .

It is humbly prayed that this urgency application be passed   

(a)  That the child be handed over from door to door so that respondent on each second , fourth or the fifth Sunday of the calendar month to pick-up /drop the child Rochelle for her Sunday Mass and Sunday school catechism religious class 

 (b) First Friday and third Friday from 7.30 p.m upto Sunday 9.00 p.m  of each and every month   post school/college closure overnight physical custody  of child to the Respondent  at the respondents place or in the company of relatives or friends of the respondent under their  supervision. Further the respondent can be subjected for a breath analyzer test anytime the child is in his care with full costs to be borne by the applicant.

 (c) 50% overnight access/ physical custody at the home of respondent for the first half of the Annual vacation time period with the Respondent or in the company of relatives or friends of the respondent under their supervision and can be subjected to a breath analyzer test while the child is in his care with full costs to be borne by the applicant.

 ( d) Entire  Christmas holidays overnight access  from 23 rd of December  up to 31 st of December to be spent with the respondent in the even numbered years  for example  2012,2014 etc at his place or in the company of relatives or his friends under their supervision.

Respondent argued and said that even criminals get visitation under supervision and why should he not be given visitation under supervision .opp counsel read allegations from petition and concluded that as applicant was alone hence no F.I.R .Respondent rebutted allegations by saying we live in a modern era of mobile phones if Domestic Violence has taken place there should have been several F.I.R's and there is not even one F.I.R filed 

Respondent showed the attached DV judgement where in visitation has been granted in DV than judge nodded his head in a manner saying yes but i requested for filing of the judgement by way of application on next hearing .Any experts or professional person  can debate on this issue of maintainability of the application for visitation u/s sec 21 of DV act . Even though visitation can be granted under gaurdians and wards act sec 25 .

The bible quotes :- Pontius Pilate a Roman governor and supreme judge in the province from 26-37 A.D., Pilate had the sole authority to execute a criminal. Like in the bible so as the Jud** trying to wash away his hands :-) as below 

Matthew 27:24 

So when Pilate saw that he was gaining nothing, but rather that a riot was beginning, he took water and washed his hands before the crowd, saying, "I am innocent of this man's blood; see to it yourselves."

 

 

 



Learning

 7 Replies

Tajobsindia (Senior Partner )     08 October 2012

Patience, perseverance and persuasion keeping best interest of Child serviced stating all laws are handiwork of few good Ld. PO such as you my Lord / my Lady and Law follows society and society nourishes the sapling if healthy interaction with child allowed as I am not dowry seeker nor I am a rapist and was never a drunkard!

Paise the power of pen it then flows freely via-a-vis adversial stand taken by lady in both of your life's...........


All the best.  

1 Like

pun (eng)     08 October 2012

why the visitation rights can't be allowed to the respondent when there is provision for it in the act and even court has passed the orders in this regards..here is judgement from Bombay high court.. @ tajobsindia..can you please tell if it is not meant for respondent to get relief of visitation rights under sec 21 of DV act.


Attached File : 213257333 dvvisit.docx downloaded: 222 times
1 Like

Tajobsindia (Senior Partner )     08 October 2012

  

Originally posted by : pun

 

@ tajobsindia..can you please tell if it is not meant for respondent to get relief of visitation rights under sec 21 of DV act.

 


Wow, ayyo Rama ji, how come you say so about me, why I should say it is not meant FOR RESPONDENT, infact see yourself what I have been pressing here all along AND AUTHOR OF THIS POST IS ALREADY ON THE JOB, give him time he will eventualy get it.


https://www.lawyersclubindia.com/forum/Dv-s-21-custody-orders-57997.asp


Infact one can even get visitation by simply using S. 151 CPC it all depends on two factors; luck and seasoned Advocates professional skills read with 3 P’s as above stated.


Now donot ask me judgment on S. 151 CPC it is already there in public domains.

stanley (Freedom)     08 October 2012

 

Thanks pun for the judgement and thanks Tajobs for the guidance my  goal shall be achieved  via Tajobs wisdom :)


Civil Procedure Code 1908

 

 

151. Saving of inherent powers of Court.

 

Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.

danish (Manager)     27 January 2014

I have already filed writ in bombay high court challenging interim maintainence,

Can I ask my lawyer to use sec 151. to get child visitation .

Please help me brother, will be highly oblige.

Sidharth   01 August 2016

Can anyone help me with finding the judgement where court has given the visitation rights u/s 151CPC.

whatnot   01 August 2016

Would following case may shed any light?

https://indiankanoon.org/doc/1198203/


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