Custody or visitation petition

A parent asking for custody of a child, or time to meet the child.

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Not yet reviewed by a lawyer. Check every line before it is signed.

How the paper begins

With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.

IN THE COURT OF Principal Judge, Family Court, Shantipur

Anil Verma son of Shri Ramesh Verma, aged about 31 years, resident of House No. 204, Sector 9, Shantipur, District Shantipur, Haryana

…Petitioner

Versus

Neha Verma wife of Shri Anil Verma, aged about 28 years, resident of House No. 204, Sector 9, Shantipur, District Shantipur, Haryana

…Respondent

PETITION UNDER SECTION 25 OF THE GUARDIANS AND WARDS ACT, 1890 FOR VISITATION RIGHTS OF THE MINOR CHILD

Respectfully Showeth:

1.That the petitioner and the respondent are the parents of Kavya, born on 09-03-2022.

2.That the minor has been in the custody of the respondent since 01-06-2024.

3.That the father has not been allowed to meet the child for over a year, which harms the child's bond with him.

4.That the welfare of the minor is the paramount consideration, and the order prayed for serves it.

PRAYER:

It is, therefore, respectfully prayed that the petitioner may kindly be allowed to meet the minor as follows: every second Sunday from 10 am to 5 pm, and video calls twice a week, and interim orders may be passed meanwhile.

Any other relief which this Hon'ble Court deems fit may also be granted in the interest of justice.

The rest of the paper is in Dastavo.

What to bring

Papers to bring

The child's birth certificate and school records
Aadhaar card or another photo identity proof, with proof of the present address (photocopies; the originals to show)
Proof of what serves the child's welfare: your income and home, a school nearby, medical records, or any harm to the child
The other parent's full present address (and phone number, if known), for the court's notice
Copies of the petitions and orders in any earlier or pending case between you: maintenance, domestic violence, an FIR or another petition

Where to go

Filed through an advocate in the Family Court (or the Guardian Judge) of the district where the child ordinarily lives; the judge usually talks to a child old enough to say what they want, and may send the parents to mediation.

Fee

Court fee and welfare stamps, where needed, are put on as the court office directs; ask the counter for today's amounts. The advocate's fee is separate.

Good to know

The child's welfare decides custody, not the parents' rights; for a child under five, the law ordinarily favours the mother (s.6 HMGA).
Ask for interim visitation while the case goes on, and keep a note of each meeting.
If a divorce or other matrimonial case is pending, custody can also be asked in it (Section 26 HMA).

Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.

Stamp paper

Court fee and welfare stamps, where needed, are affixed as the court office directs.