You may please reder to the judgment available at the following link, this will answer your queries in detail:

http://mynation.net/docs/16-2015/#sthash.UOsDshed.dpbs

Let me know if I can be of further help.

Regards

Your application under GWA is pending for custody of your child

2) in said application you must have also sought visitation rights for child

3) your application would not be entertained under DV act on account of pending application in family court under GWA

4) seek expedited hearing under GWA as you have not met your son for over 7 months

1. You cannot seek visitation rights in DV case filed by your wife against you. Only a separate petition has to be filed under Guardians and Wards Act against her to seek custody and visitation, a remedy which you have already availed.

2. If there is delay by the Guardianship Judge to decide the application for interim custody then file a petition in the High Court to seek directions to the lower court to expeditiously decide the application for interim custody.

Dear Client,

Under 21, no relief to father but only mother - women is aggrieved person acc. to act not men. But one of the citation where the High Court has justify visitation right to father under DV Act and allowed application of father.

Ask your advocate to press application under GWA.

1. No sir as the aggrieved person under DV act can be only women so MAN cannot file under section 21 DV act for the custody of the child.

2. The DV act doesnot provide any relief to the Man only the women applicant pray for relief under this act.

Section 21 in The Protection of Women from Domestic Violence Act, 2005

21. 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.

3. You can pray for interim custody and visitation rights under GWA application if the court doesnot allow same file a writ before high court for expediting the proceeding before the court.

1) you can tender written arguments if you so desire

2) you can also make oral arguments

3) you can produce your appointment letter wherein you are offered job at Rs 25 K

4) don’t make false statements on oath

5) court would award wife interim maintenance

6) wife has to prove allegations made in DV case

Who submits written argument for interim relief, oral is fine.

Submit document showing new appointment and offered salary.

General observation of Courts is Wife Not Eligible to Claim Maintenance Without Proof of Domestic Violence and

Order of SC is applicable at interim stage only, you can`t be benefited at later stage. And if she procure fake certificate , same shall be questioned/doubted by court as not submitted while filling petition.

Dear Sir,

You are right. Court is going with very slow which is unimaginable. But the following circular issued by Highf Court helps you and get your case disposed very soon or file a WP before a High Court and which direct the family court to dispose your case within next 3 months or so that is time bound.

1. Can father apply for visitation and overnight access under section 21 of DVC? I want to apply here because the case is actively progressing now.

Ans: Yes. It is as follows:

Section 21 in The Protection of Women from Domestic Violence Act, 2005

21. 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.

2. Can you please give some citations and judgements to apply for visitation rights under DVC act by father.

Ans: Yes, I can give on payment basis if you come through kaanoon.com

3. Is there any way to ask court to move the GWA application faster?

Ans: Yes, you may adopt above procedure.

I have DVC running now. On next date we have arguments for interim

1. I want to file written argument for the interim argument. Is it OK or do oral argument

Ans: Yes, you can file written arguments. It is very fine for the Judge also. It is binding upon the judge.

2. I have lost my job recently which has 1lakh salary. I got new job which I need to join in August mid at 25000 salary. Can I tell this in interim written argument?

Ans: Yes, change of circumstances entitle to get the reduced rate of monthly maintenance.

Should I tell as jobless or tell that new job is from Aug at 25000..wife claimed 30000 maintenance.

Ans: Yes, you produce documentary evidence about your exit and new appointment with salary proof.

3. There is one recent judgement which says no interim when there is no primacase of violence.

Ans: yes, but it will be viewed lightly by lower courts, yourself and your lawyer must point out all these lacunas in the case of other side.

4.Wife has only allegations of beating and there is no Domestic incident report or medical report submitted. Should I quote the judgement and deny interim?

Ans: Court will take into consideration such false allegations.

If we tell that there is no medical certificate or domestic incident report, may be wife will get fake report for the evidence stage.

Ans: you will get benefit out it only at the final judgment.

It is a clue to wife that we are expecting it and she can make fake... What is the possibility of getting fake certificates and how can we prove it is fake?

Ans: |By employing the Detectives you can collect evidence and then file criminal case against her.

Or don't quote the judgement now and wait for trial and don't give any clue to wife? How to handle this?

Ans: Yes, you must wait till trial start. Otherwise she may improve her verson.

Prima facie case of domestic violence is necessary for ordering interim maintenance under Section 23 of DV Act

Ans: Yes it is true but you must be smart enough to convince the judge who are always siding the married women on sympathy grounds. The law is as follows.

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The time has come for the government to wake up and rise to the situation wherein wives are been granted judgements in their favour for interim maintenance, child custody, alimony, etc etc etc, even though it is proved by the court that criminal cases filed against husbands were false and used as a tool to extort money.

the aquitance rates in draconian 498a cases across the country is the proof of this. the working women or having the capacity to work are also given judgements in their favour even though husband has lost his job and has become bankrupt fighting all the false and fake cases.

the women kept on enjoying all the facilities from husband, parents, boyfriends, while being in extra marital affairs and only option left with husband is to file divorce, but when he files divorce then he is made to roam around courts for years and years without any fruitful results. but if women goes to court for divorce she is granted all sorts of complimentary things with it like interim maintenance, alimony, child custody, etc and husband is made to look like a criminal in indian society.

to counter the divorce cases women files false and manipulated cases against husband and husbands are made to fight all these false cases for years and lose all the hard earned money and respect he has earned over the years by working day and night.

Supreme Court has given many exemplary Judgements against such false cases but still there has been no changes in the laws made by government so far. PM has yet not spoken on this topic so far. Maan ki Baat by PM has not found this topic worthy of speaking despite so many revolutionary attempts made by volunteers organisation.

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Karnataka Case Flow Management Rules

Similar Rules are framed by all the High Courts

the Karnataka High Court has launched the Case Flow Management system.

The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.

It divides cases into four tracks.

Disposal in 9 months:

In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.

Disposal in 12 months:

In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.

Disposal in 24 months:

Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.

Disposal in 24 months:

Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.

The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.

The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.

http://www.judicialreforms.in/forums/showthread.php?tid=63

1. You can file written arguments and above that you can further argue orally also summarising all your arguments and supporting evidences.

2.Yes you can and can produce the evidence of same.You should tell that you lost job as otherwise wife can present the documents from old job and court may make a view that you are concealing income for purpose of maintenance.

3.Yes the judgement need to be presented along the written arguments denying all the allegations and asking strict proof there of. See if there is no report at this stage if she file report at the later stage same can challenged and can be verified. You can challenge the validity of evidence further can ask for medical reports and further the doctor can be called for cross examination.

Yes you can file Writ Petition in HC to give directions to family court to decide the Petition expeditiously. You can only claim visitation rights in DV Act.

1. Written argument is not required for interim, but if you want you can file it,

2. You should prove that your salary is 25,000, else the court will assume it is 1 lakh and accordingly order maintenance which may be more than your salary in the new job.

3. Interim surely cannot be granted without prima facie satisfaction of domestic violence.

1. There is nothing wrong in filing an application seeking that relief in DV case also, but how far it will be entertained has to be seen because you have already approached court seeking the same relief earlier and that is pending.

2. There is a criminal revision petition in Crl. OP No. 16/2015 decided by High court of Manipur, Imphal

between huidrom Ningol manibom Ongbi Omila devi vs. Inabi singh maibam decided 26.6.2016,

held that if it is not affecting the interests of the child, there is no illegality in granting such rights to the father.

Delhi high court in a decision in a revision petition of Aditya mahajan vs. sachi mahajan, held that

Disapproving of the Family Court’s decision to allow the father to meet his child for only one hour on seeing the hesitance of the child, the High Court said: “If a child is hesitant to be with a parent, it is duty of the Presiding Judge of the Family Court to have the child counselled with the help of the counsellors attached to the Court. Every effort has to be made to counsel both parents to spare the child the agony of their separation. The parents have to be counselled to keep the child out out of the litigation. Both spouses should be encouraged to, in turn encourage the child to meet the other spouse.” ...

Till a resolution takes place, as an interim measure, we direct that the appellant be granted access to the child on fortnightly basis. The meeting would be initially either in the counsellors’ room attached to the Family Court Complex or in the children room. If the counsellors find the child comfortable with the father, he would be permitted to take the child out for two hours. If the situation improves, the ultimate endeavour would be for the child to spend six to eight hours every week with his father.

3. You may file a petition seeking direction for speedy disposal before high court.

...

1. You can file a written argument too.

2. The burden to prove your salary income will lie on the claimant i.e., your wife, at that time you can defend yourself by furnishing the details by producing the documentary evidences to substantiate your statement.

3. Dont tutor her now itself, you can take the defence at that time of cross examining her and put suggestions that she was never meted with any type of violence and that she is creating all false incidents especially in the absence of any medical report all such averments and allegations are absolutely false.

Based on this suggestion you can produce the citation at the time of argument expressing the reason for your rejection of her claim.