CiteTEXT
...aspects.11. The argument of the learned counsel for the appellant, that in view of the provisions of Section 26 of the Act, .... The court modified the terms and conditions of the custody and visitation rights of the appellant about the minor child. By its order the trial court had allo...ignoring the earlier order passed by the Court. The Court took into consideration that even if the terms and conditions regarding the custody and visitation rights of ...
...9.00 a.m. to 5.00 p.m., to the respondent. 12. Further, the contention of the learned senior counsel for the petitioner is that the learned Judge has granted visitation...the respondent from affording money, gifts, eatable, clothes etc., to his minor child during the visitation hours. 7. Against the order in I.A.No.137 of 2016 in O.S.No.22 ...for non application of mind is untenable. A reading of the impugned order shows that the leaned Judge has considered the right of the respondent to have visitation right...
...sufficient interactions with the child, especially the minor being a girl child at the age of 7 years. Therefore we are inclined to modify provisions made in the impugned order with respe...appeal is heard and disposed of on today.2. The appeal is instituted against order passed by the Family Court, Mavelikkara in OP (G&W) No. 438/2013. Appellant herein had filed the...observed that, it is not proper to order custody of the child with the appellant by disturbing her studies. Despite the fact that the appellant is the mother of the chil...
...visitation, was too harsh an order, which would work counter to the interest of the child in question and thus, would frustrate the very purpose of the
8...the impugned order dated 24.07.2020, for the intervention of the police official, to take the child from the mother, for the purpose of visitation and to hand o..., we clarify that the observation in the impugned order of the High Court, which were in the context of disposing of the petition for habeas corpus,...
...sent him either with the mother or the father; but taking into account his age, which is 4½ years, we cannot find the view of the learned Family Court - that the mother is entitled to his interim ...the learned Family Court has issued the impugned order, granting interim custody of the child to the mother, but reserving specific visitation rights to the father...
OP (FC) NO. 416 OF 2024
AGAINST THE ORDER DATED 11.06.2024 IN IA NO.2/2024 IN
OP NO.706 OF 2024 OF FAMILY COURT,KOZHIKODE...
...
9
wrong. That representation was not an application under the provisions of the Act. It was a representation simpliciter. Even othe...the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 but only a representation to put into effect the earlier order passed by the very same auth.... However, the second respondent had taken upon himself that as an application under the provisions of the Act and had issued notice to the fourth respondent and had passed an order, afte...
...petition is maintainable. This also find support in a judgement of the Delhi High Court passed in Vikram Vir Vohara Vs. Shalini Bhalla relevant paras of the judgement reads thus:
...of divorce accordingly on 04.08.2016.
4. Just after a week, on 12.08.2016, the appellant filed a petition for Visitation Rights and claimed following reliefs...appeal and grant him rights of visitation, as prayed for.
7. Learned counsel for the appellant has placed reliance on Kumar V. Jahgirdar vs. Chethana...
...the respondent for the 2violation of the order granting interim visitation rights to the petitioner herein. However, the petitioner seems to have quoted ...The learned trial judge passed an order granting visitation rights to the petitioner herein to see the child on the second and fourth Sundays of every month. Complaining that ...petitioner to delete the unnecessary/inapplicable provision and to include the appropriate provisions of law and then deal with the matter. There shall be no order as to cost in the civil...
...of Section 39A read with Section 40 of the Act of 1955, the said order dated May 31, 2014 is executable under Order XXI of the Code and, as such, the remedy ...before the learned District Judge, by order dated May 31, 2014 the learned 3 Additional District Judge, Alipore disposed of the application of the petitioner husband for permanent ...under the said Act as per the provisions of the Code, but when the provisions contained in Order XXI of the Code provides no remedy for execution of ...
...present petition is under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus and the order passed by this Court will not come in way ...suitably modify the order with respect to the custody of the children and visitation rights." In the aforesaid case, the appellant Sarita has removed the children from U...also restrained from sending the child to America (USA).The Registry of this Court shall forward the copy of this order through fax, e-mail or by any other alter...
.... [(2008) 7 SCC 673] , p. 678, para 19). We have considered this matter in all its aspects. 11. The argument of ...considering the paramount welfare of the minor boy it is held that petitioner is entitled to get modification of the order relating to custody and visitation right and point no.1 is answe...weekly visitation rights to the father. In June 2010, the appellant got remarried. I.A.No.2779 of 2010 was filed in October' 2010, to modify the order dated 10.11.2009 and to direct the a...
...person and property or grant of visitation rights.
10. In terms of the provisions contained under Section 19 of the Act, 1984, an appeal shall lie from every...order for grant of visitation rights to enable the opposite party no. 2 to meet the child. The aforesaid application for grant of interlocutory order under Section 12 came to be ...with regard to maintainability of the present first appeal against an order passed under Section 12 of the Act, 1890, which is of an interlocutory nature, the relevant statutory ...
...ORAL ORDERThe applicant-appellant has brought under challenge the order dated 11.2.2010 passed by the Principal District Judge, Junagadh under the ...the mother of minor “Diya”. Aggrieved by the said order the applicant has preferred present proceeding.The applicant-appellant and the opponent-Arvindaben have separated by...order so that the difficulty of traveling may be removed or minimized. He submitted that he does not press this appeal and seeks permission to withdraw the appeal and the applicant will make...
...wants custody of her minor children, she has remedy to approach appropriate forum either by moving an application/ petition under Guardians and Wards Act. Regarding visitation rights the order dated...01.08.2022 passed by the Child Welfare Committee, Ayodhya is already exists which needs no interference and if petitioner is aggrieved with the said order she has a remedy under the provisions of...with the following prayer:
"(i) Issue a writ, order or direction in the nature of Habeas Corpus directing the opposite party no. to produce the...
...a writ in the nature of Habeas Corpus and the order passed by this Court will not come in way of the parties, in case the parties so desire to approach the Civil Court under ...that both of them may thereafter be able to approach the Court which passed the decree to suitably modify the order with respect to the custody of the children and ...from sending the child to America (USA).The Registry of this Court shall forward the copy of this order through fax, e-mail or by any other alternative mode to ...
...attempt to refer the matter to the mediation and adhere to the statutory provisions of Order 32A Rule 1(2)(c) and Rule 3 CPC. It is directed that the final deci...Court to exercise supervisory and revisional jurisdiction against the order dated December 16, 2014 passed by Additional Civil Judge (Sr. Divn.), Tohana, exercising the powers of District Judge under...opinion that irrespective of the statutory provisions mentioned in the petition before the Guardian Judge, its maintainability or availability of any alternative remedy, this Court is of ...
...the child's life.10. Per contra, Ms. Susan Mathew, learned counsel for the respondent-wife, opposed the appeal and submitted that the order refusing to grant ..., we shall deal with the objection about maintainability of the appeal. We are not inclined to uphold the argument that the appeal against the order refusing to grant visitation ...Family Court for grant of visitation rights to enable him and his parents to meet the child. The Family Court, vide impugned order, rejected the application. Hence this appeal...
...granted permission for opening a new College for a period of 5 years from the academic year 2016-17 to the academic session 2020-21.3. However, by the impugned order the responde...1. Rule.2. The facts in the present case are identical with the facts in Writ Petition (L) No. 2894 of 2018. In the present case also, the petitioners have been...Sub-Rule (2) of Rule 3 of the Indian Medicine Central Council (Requirements of Minimum Standard...
...granted permission for opening a new College for a period of 5 years from the academic year 2016-17 to the academic session 2020-21.3. However, by the impugned order the responde...1. Rule.2. The facts in the present case are identical with the facts in Writ Petition (L) No. 2894 of 2018. In the present case also, the petitioners have been...Sub-Rule (2) of Rule 3 of the Indian Medicine Central Council (Requirements of Minimum Standard...
...granted permission for opening a new College for a period of 5 years from the academic year 2014-15 to the academic session 2018-19.3. However, by the impugned order the responde...1. Rule.2. The facts in the present case are identical with the facts in Writ Petition (L) No. 2894 of 2018. In the present case also, the petitioners have been...Sub-Rule (2) of Rule 3 of the Indian Medicine Central Council (Requirements of Minimum Standard...