• GW

I filed child custdy case...judge orderd wife to bring child evry third saturdy in mediation cntre...but since last 3_4times since orders she has not brought child....even on gw case date judge ordered sometimes to her to bring child....bt she sometmes bring sometime dont...i filed contempt in court...it was ordered fr exparte evidence but next date she appeared and joined proceedings.. but again not coming aftr tht....wht should i do nw ??can i appraoch higher court anyway???
Asked 7 years ago in Family Law
Religion: Sikh

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6 Answers

1) you should draw attention of court to deliver and wilful disobedience of court orders by wife

2) you can file contempt of court proceedings against wife before HC

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

you can take out contempt of court proceedings directly in the HC

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. File an application for contempt of court and prosecute it, do not withdraw it even if she brings the child on the subsequent hearings. You may also challenge the order of GW court in the High Court which can quash it.

2. Contempt petition cannot be filed directly in the HC.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Yes for non compliance of court order you can file Contempt Petition.

The same can be filed in high court which would be more effective.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

If she fails to obey the court order then a contempt petition may be filed against her and allow the petition to face full trial. Let she contest the contempt case in addition to other pending cases.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Can contempt be filed in high court directly??

It is not maintainable.

You can file the contempt proceedings in the same court whose orders were disobeyed.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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