• Interim visitation enhancement

I am subhash jain from Nagpur my wife is also living in Nagpur, My wife had filed RCR and s-24 which were dismissed in default in court and at the in my same time us-26HMA (D4/1234) application, I received visitation of my son(5.5) twice in a month on Saturday and closed. i m visiting my son in court for 2 hours. Now I am new,filing fresh custody petition in GWA say d25/1234 petition with seeking Int. order for more Parenting time through Parenting plan us12 of GWA. I m praying for modification in my new d25/1234 petition and requesting a merging of this tiny visitation of d4/1234 application in to this new d25/1234 custody petition which includes P'plan us-12,
This Parenting plan consist of-
1) schedule parenting time 125/365 days in weekend,vacations and festivals residential halt.
2) Mejor child decisions- education,expences of it.
3) child support- child PPF ,life insurance, health insurance, and I m sending MO of 5K per month but it is being refused by her.
4) punishment for non compliance of order of PP....now my queries are.
1) whether the court allow this modification by merging first petition order (order in 26 HMA: d4/1234) into new petition order of PP.(us12 of GWA: d25/1234)?
2)if yes which section from verious laws could be helpful to me.? Or suggest the best way to get it add missal on merits of law so that I can get maximum time to get with my son.
3) sooner I m filing divorce pstition, should I file this Modification application of parenting time through PP in this new fresh divorce petition under it's hma26?
4)or should I go for this application in BOTH us 12 of GWA as well as 26 HMA in my new upcoming divorce petition. ? Ask the court to give relief on any one of them.
Asked 1 year ago in Family Law from Nagpur, Maharashtra
Religion: Hindu

1) whether the court allow this modification by merging first petition order (order in 26 HMA: d4/1234) into new petition order of PP.(us12 of GWA: d25/1234)? -- No, both secs 26 and 12 deals with different remedy (partly), separate order will pass but can be in consonance.

2)if yes which section from verious laws could be helpful to me.? Or suggest the best way to get it add missal on merits of law so that I can get maximum time to get with my son. -- Sec 12.

3) sooner I m filing divorce pstition, should I file this Modification application of parenting time through PP in this new fresh divorce petition under it's hma26? -- Fresh Petition.

4)or should I go for this application in BOTH us 12 of GWA as well as 26 HMA in my new upcoming divorce petition. ? Ask the court to give relief on any one of them. --

Yogendra Singh Rajawat
Advocate, Jaipur
14624 Answers
19 Consultations

4.6 on 5.0

Firslty, sir whatever you been saying in your query is absolutely right as father is also having equal rights on the child.

Secondly, but there has been a presumption in the eyes of law that she should be allowed to the mother permanently.

Thirdly, you can ask for the same what you have shown the desire to do, but it may not be allowed as it is not only with regard to the custody of the child but also to the regular schooling or day schedule if the child to not to get hinder by increasing the time of visiting rights.

Fourthly, as also it may be taken by the court as you are trying to convince the child that you are better to everyone.

Sanjay Baniwal
Advocate, South Delhi
4931 Answers
11 Consultations

5.0 on 5.0

1. court will pass separate and fresh order in GWP petition. there is no provision for merging the order passed under section 26 of HMA in GWP petition

3. Please try and get visitation rights order in GWP petition.

4. You can file both, as wife RCR is dismissed, you can only file the section 26 of HMA now in the divorce petition would be filed by you.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

1. There is no law on merging the order of 26 hMA and Guards and Wards petition the court shall pass separate order though they can consider the already passed visitation under 26.

2. Peruse with the application under section 12 Guardians and wards act.

3. See in my view if filing 12 GWA petition you can peruse same instead filing new fresh application.

4. You can peruse one application under 12 GWA in my opinion multiple petition wont serve the purpose.

Shubham Jhajharia
Advocate, Ahmedabad
20927 Answers
81 Consultations

5.0 on 5.0

Q 1 yes

Q 2 that depends on how you will convince the court

Q 3 you have liberty to file any petition as you like.

Q 4 yes

S R Thulasiram
Advocate, Bangalore
8 Answers

Not rated

1. There would be no merger of order of such kind. fresh order would be passed in GW Act case.

2. Section 26 of HMA is temporary in nature while order passed in GW Act is permanent in nature. So the second one is preferable.

3. On change in circumstances one can always file petition for modification of interim order passed in the meantime.

4. Pursuing both the proceeding is not damaging in any manner.

So act accordingly.

Devajyoti Barman
Advocate, Kolkata
18131 Answers
260 Consultations

5.0 on 5.0

1. If the previous petition has been disposed and the orders have been passed as prayed for, then you dont have a chance for filing appeal also in that regard.

The present proposal are new to the case hence you may have to file a fresh petition seeking the fresh relief accordingly.

2. You can see the above answer.

3. There is no modification petition maintainable. The proposed amendments can be made, if court permits, in the existing petition, whereas you have mentioned that the previous petition stands disposed, hence you may have to file a fresh petition seeking the desired request as prayer.

4. The divorce petition is different subject to that of the GWA petition.

T Kalaiselvan
Advocate, Vellore
58913 Answers
747 Consultations

5.0 on 5.0

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