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Child Custody and visitation right
17-Mar-2023 (In Divorce Law)
I got divorce in 2016. She filed a Maintenance case and then withdrawn on the same year 2016.
Meanwhile, i asked my daughter to see, for that she harrased by filing DV case against me and my parents in 2019. Very unexpectedly, i didn't receive any summon/notice from the court. Looks like, she got exparte order that is, Honble Judge said that i've to pay Rs.2500 monthly maintenance for my daughter. Seems that she again claimed maintenance for her and my daughter too Domestic Violence case in 2019 act. This information recently we came to know.
Now, i want to get my 8 years old baby girl under custody. They are not allowing to see my daughter.
I'm staying in vellore and she is staying in Trichy.
Can i file a Habeas corpus writ in high court of chennai for visitations rights remedy? I've a lots of merit grounds to get my baby with me.
or Shall i need to file a custody/visitation rights case in Vellore jurisdiction?
Habeas Corpus is not applicable in your case. You need to file custody/visitation rights petition and raise your grounds. Custody of the child will be given to you only when the court senses that there's a threat to the life of the child if she continues to stay with her mother. But you will be granted visitation rights to visit your daughter at Trichy.
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Dr. S. Diraviam Dinesh
Chennai | 1000+ Answers
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you cannot file habeas corpus rights for visitation or custody ..... u can file revision petition against the maintenance and pray for visitation rights in that revision petition or u can file a separate case for visitation rights.... court will not give custody to u at this moment
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Adv. Shiji Mathew
Chennai | 25+ Answers
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