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Sumit Dubey (Manager )     03 June 2014

Which gwa section ?

Hello Learned Members,

Please help me on following facts and questions :

Ongoing case - 498A. Committed to Court. Charges yet to be framed. Separation from child - 11 months as of now. Daughter was removed from custody under threats.

What would be appropriate section to file strong visitation -

1. GWA sec 7, 17 only?

2. GWA sec 12, 17 only?

3. GWA sec 12, 17 r/w CPC 151 ? Do I need CPC 151 and run it as summary trial?

4. Full custody suit using GWA sec 25, 12 (child is 3.5 years old - so, 5 years binding from HGMA will be there) ?

Thanks



 3 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 June 2014

S. 7, 9, 10, 12 an 25 of GWA.

 

Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

Anamika Vichare (Practising Lawyer)     09 May 2021

You better file Divorce case and pray for custody and access of the daughter u/s.13[1][ia] and s.26 of Guardianship Act

No need of using brain too much


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