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)


90 votes

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.


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