How to claim visitation rights after first motion in mutual divorce

My wife and myself have recently filed for mutual consent divorce under 13(B) of HMA. The second motion is scheduled after 6 months. We have a 5 year old son from the marriage. The consent terms filed along with the petition specify that the custody of the son shall be with mother but do not mention the visitation rights of the father. What will be the correct procedure to claim visitation rights of father. Do I need to request my wife to jointly modify the consent terms before second motion or should I file a separate application in the family court aside from 13(B) petition for grant of visitation right?

Answers (1)

As you and your wife have filed mutual consent divorce petition, it will be better that the issue of visitation right is also resolved between both of you by mutual consent and then you both may file amendment to the 13B petition. If your wife does not agree on the point of visitation, then you may file an application under s.-26 of the Hindu Marriage Act,1955 for the visitation right.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Child Custody Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
16 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Child Custody Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Articles

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Similar questions

i am married for almost 10yr having 2 girl child (9yr +3yr). me and my husband are having lot of differences. many times my parents came and did patch…

Read More

I am suffering through mental torture from my husband. We have married and have two kids. My elder son is with my mother and my daughter is with us. H…

Read More

Is there a legal way to go and get my children to Delhi? It’s been 6 years and 3 months of our marriage. My wife didn't even tell us and wen…

Read More

I have a girlfriend who is married. she has a kid. she is looking for Divorce. and we are planning to get married. the father wants to keep the child …

Read More