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 Prabhjit Jauhar
Connaught Place, Delhi
22 years Experience
Advocate Sudershani Ray
Kailash Hills, Delhi
12 years Experience
Advocate Unmesh Gopal Dindore
Shaniwar Peth, Pune
11 years Experience
Advocate R.K. Gupta
Goyal Vihar, Indore
19 years Experience

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

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 LawRato.com and has been responded by one of the Child Custody Lawyers at LawRato.com 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 LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.

Similar questions

Sir I am muslim my wife had affair with another man I have photo proofs.I want to take divorce,In islam a women has adultery she is unfit to child cus…

Read More

WhenI got divorced I was granted sole custody of my daughter who is 15yr old now .They were not even given visitation rights and was also wrote that t…

Read More

I m a housewife.my daughter is 11 yrs and son is 6 yes old...but my husband is v . powerful. ..how can I keep custody of both my kids??…

Read More

1, We are a couple of foreigners. I have a child. 2, I have been living in India for 4 and a half. 3, Indian foreign registration and visa are also av…

Read More

Talk to a lawyer for your legal issue