Legal Question in Family Law in India

I've filed a Custody petition to a family court for my son's possession and my wife has filed a petition for Maintenance and Shelter.Both cases are separate and combined hearing of both these petitions is scheduled to held on 18th Sep 2010.

Meantime I've made separate application to Family court to get overnight custody of my son for 4 days during Ganesh festival from 10 to 13 Sep.2010.

My wife has applied for stay to above petition unser section 10 of CPC.

Can i get overnight access to my son?

Both custody petition and maintenance petition are in different court rooms and totally separate cases.

Pls comment.

Best Regards

Nikhil


Asked on 9/04/10, 1:06 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

section 10 cpc does not apply in such cases. your custody application cannot be granted by the maintainance court. therefore your subsequent application for overnight custody is very well maintainable and has an impetus in it because of Ganesh Festival. The only thing you must emphasise upon the previous history or pattern of your child enjoying ganesh festival along with you.

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Answered on 9/04/10, 2:37 am


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