Hi All, My name is Ashok from chennai . Myself and my wife got seperated and we are separate for last 2 yrs. On this occasion , I have filled a case under guardian ward act in madras high court and the first hearing is on Nov 20th 2019. My question here is , as a father I want to celebrate my daughters birthday which is on 4th dec ( 14 days after hearing). Is there a way to file a petition seeking permission for celebrating my daughters birthday.. please help
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Yes by filing a petition under section 151 of CPC a party can always seek permission to take the child away or spend time with him on special occasions like birthday.
So ask your advocate to take out such application. However considering short time involved here the opposite party may buy time to frustrate your claim.
Act asap.
You can ask for access and visitation rights as interim relief from court on her birthday.
Shall I file it immediately or only durning the 1st hearing of guardian ward act case. If I file during the hearing it will be very late and I don’t think I may get it. Please suggest
You can file this petition at any point of time.
You be prepared with an application seeking visitation rights on that particular date as an interim relief out of the present GWOP filed by you.
You may discuss with your advocate and file this petition before the court seeking the said interim relief.
You can file it now also with an application for hearing advance and the court may send the notice to the opposite party seeking its objection to the hearing advance petition, once it is allowed then the main petition seeking interim relief for visiting your child will be taken and after hearing both the sides the court may pass an order on merits.
Yes immediately
During the hearing fixed for 20 th November inform the court that daughter birthday is on 4 th December and during pendency of petition you may be permitted to celebrate your daughter birthday on said date
File application immediately
See you may file application before the court seeking permission to visit your child on her birthday the court may pass interim order on same.
On or after first day of hearing you may pray for interim orders.
You have unnecessarily complicated the matter.
In absence of any custody order father is the natural guardian of child. Not the mother. Where it is written in law that during separation mother gets the exclusive right of custody of child, except for child below 5 years of age. You have not mentioned the age of your daughter.
If she is above 5years you can celebrate her birthday without permission of court .
Your wife has no legal right to object it. Nor she can forcibly keep the child with her without court order if the child is above 5 years of age.
1. In your petition you must have filed an application to seek interim custody/visitation rights. You should press this application and tell the court that you want to celebrate your daughter's birthday.
2. If application for interim custody has not been filed yet then file it immediately.
During thr hearing you can file an application and get it approved from thr court prior to that you cannot file any application as it's a first hearing of your case!!
Dear Sir,
Yes, you can apply advance application immediately and ask for permission..
Dear sir,
Please file such application immediately and court will pass ex-parte orders in your favor with some conditions.
you can file petition before court, court may be permitted to celebrate your daughter birthday.
File immediately .
You should make application for temporary injunction to allow you to celebrate your daughter birthday with her.
You can make application for put up the file and make application for injunction.
Yes you can file an application for this meeting.
File it now and it will at the time of hearing.