Visitation right

Dear Client,
Under Section 22 of the Special Marriage Act, any spouse can file a petition before a Family Court/District Court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If you want to resolve the issue permanently, you can file a divorce petition under Section 27 of the Special Marriage Act, 1954 on the ground of desertion as defined under Section 27(1)(c) of the Act. before the Family Court/District Court where the couple last lived together, such as their marital home, where the marriage was solemnized, or where the wife currently resides, praying for a decree of divorce to resolve the issues permanently after the withdrawal of the RCR case. You must withdraw the RCR case, saying that your wife declared that she is ready for divorce.. Both under Section 37 of SMA or Section 125 Cr. PC, any person having sufficient means is liable to support his wife and children, provided that she is unable to maintain herself and her children. The maintenance is allowed by the Court, once an application is filed by the aggrieved spouse seeking maintenance from her husband in the Family Court. Both the custodial and non-custodial parents have an obligation to act in good faith. A "fixed visitation" schedule is when the judge orders when the non-custodial parent will have parental visitation. You can apply to the Court for a different arrangement for parental visitation rights. Be informed that "virtual visitation," such as video calling, is an option recognized in many states. Courts are more likely to issue fixed visitation schedules because they provide stability. Fixed visitation schedules can be modified later by approaching the Court. Under Section 6(a) of the Hindu Minority and Guardianship Act, 1956, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. Only in case the court feels that the mother is unfit to take care of the child, the custody will go to the father. It is always recommended to consult with an experienced family law attorney to navigate the issue of child custody or visitation rights in the right way.