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Sayeed Nazir (Marketing Manager)     30 August 2012

Visiting rights

Dear All,

Pls Help me, if their are any provision in LAW to meet my daughter thru Visiting Rights, apart from GW-Custody filing petition.

Previously I filed a GW-OP for custody of mu Daughter in Family Court and withdrawn the same, Since iam Highly Diabetic, i planned to leave my daughter with my wife to take careof her (Aged-8), but she never allows to meet her or talk over the phone.

Its killing me every day, and i have filed RCR and my wife has filed divorce petition (Special Marriage Act) in same family court, 

 

Pls help me if is their any provision in LAW to file an IA in the RCR or Divorce Petition for Visiting Rights to meet my Daughter.

 

The FC Judge is also too confused, and has kept pending of my Visiting Rights IA Petition(In Divorce OP) which i have Filed.

Pls Sir's / Madam / Freinds iam in great expection if any one can help me out on this, with some document evedience.....

Regards

Sayed






Learning

 3 Replies

Sayeed Nazir (Marketing Manager)     30 August 2012

Pls help this Guy who is want of to meet his own blood.

Never Give Up (Fighter)     31 August 2012

Hi Sayeed,

Refer to following link , (https://www.vakilno1.com/bareacts/hindumarriageact/s26.htm)  You may apply for visitation under S26 in HMA.

P.S. I am not lawyer.

The Hindu Marriage Act,1955

 

26. Custody of children.-

 

In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made.

 

1[Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.]

 

Comments

 

Custody: Mother or Father

 

Considering the welfare of the children in the peculiar facts of the case the custody of children should be with the mother; Anita Krishnakumar Kachba v. K.R. Kachba , AIR 2003 Bom 273.

stanley (Freedom)     31 August 2012

Never Give up i presume Mr Sayeed is a Muslim and the hindu marriage act does not apply to him .What he had applied under Gaurdians and wards act was the proper course of action.Under this act an Interim application could have been put for visitation rights till the pendency of the case and would have got to meet his daughter for a few hours at least on weekends and what so ever allegations the mother puts up against the father under he could have got it  under supervision  . Mr Sayeed you are a  natural father and can visit ordinary residence of child to seek child's welfare pre - during - post litigation without Courts order in the absence of any injunction. So build up your guts and go ahead if you really wish to see your daughter .Nobody can stop you .The judges arent confused what have they got to lose you have to keep pleading all the more for visitation .


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