in Family Law
Asked May 24, 2017

Custody and visitation with respect to child

  • 2 Answers

Dear Sir, my wife filed 498A and CrPC125 last year. I have a 3.5 year old son who is living with wife. I hadn’t filed for his custody and visitation till now, waiting to work it out mutually with wife but haven’t been successful till now. Today i came to know that my wife filed for divorce with interim custody of my son under HMA. I haven’t received notice of her divorce petition yet. My queries are: i. Now if I file for custody and visitation of my son under Guardian and Wards Act, will my GWA petition be ineffective/useless since wife has already asked for interim custody in her divorce petition or I shall go ahead and file GWA petition for custody and visitation? ii. In this situation, does my GWA petition for visitation and custody becomes legally weak in view of wife’s interim application for custody under HMA? iii. Can judge club my GWA petition with her interim custody application making it ineffective? Thank you very much. Govind 

Answers 2

If terms are not good with your wife and you cannot adjust with her mentality then leave her and forget about your son. Give consent for divorce and lead happy life by marrying another girl. Otherwise you will have face mental torture for next five years.

Agree Comment 0 Agrees over 4 years ago

 i. There is nothing in the law to suggest that your application under GWA will be ineffective, you should file this application under the Hindu Minority & Guardianship Act, 1956 read with the GWA, since as per the facts you described, the Hindu Minority & Guardianship Act also becomes applicable, which is supplemental to the GWA. 

ii.There is nothing in the law to suggest that your application will become weak, just because it was filed after your wife filed for it.     iii. Yes, the Court can club these applications under Section 151 of the Code of Civil Procedure, 1908. However this will not make your application ineffective, you can also oppose the application filed by your wife under the HMA.

Agree Comment 0 Agrees over 4 years ago
  • Default avatar
    Thank you sir/madam. Can I file for custody and visitation both in HMGA with GWA, as you suggested and in Hindu Marriage Act also to get maximum visitation and maximum access to my son for myself and his grandparents. Since courts will be closed for a month now, delay in filing application under HMGA with GWA and under HMA, will it have any negative effect in getting visitation and custody? Please advice. Thank you very much.
    Agree 0 Agrees over 4 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.