• Custody

I filed he application for child custody us 26...judge gave me interim visitisation rights every 3rd tardy of month in adsl mediation centre...but wife didn't produced child on any date and so mediation centre wrote in written report to judge that girl is not producing child despite various reminders on ph also...i also had filed contempt in court but no use...wht shall I do now??shall I File habeous??me filing tommorw on case date application for change in orders of interim custody for compensation ....shall provide judgements details of various court supporting my application now only or during arguments??can i approach high court anyhw directly??visitation orders were passed 6mnths ago
Asked 7 years ago in Family Law
Religion: Sikh

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8 Answers

1) if wife has failed to comply with court orders take out contempt of court proceedings against wife in high court

2) wife is bound to comply with court orders

3) If she refuses to comply with court orders she can be sentenced to jail

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

You said that you filed contempt of court case but it ws of no use, can you say if the order for visitation was passed by the regular court of the mediation counselor .

If it was an order by the mediation centre, then she not bother about the same because there is no contempt for the orders outside the court

You can file and get an order in the regular court after which the contempt of court petition can be filed in order to get her arrested for the said offence.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1.Since civil suit is pending Habeas Corpus Petition will not lie.

2. Rather filecontemt of court peition in high court.

3.once the high court would pass coercive order then you would see the implementation of lower court order in letter and spirit by your wife.

All the best.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Habeas is not maintainable as you have not been granted custody. Contempt application is the answer to this. It is not clear as to why contempt has proved to be of no use in your case.

2. You are also free to file an application for modification of visitation rights, which will be decided on merits, but even if the court grants you more visitation the child will not be produced by her in mediation centre which will bring you back to square one. So file for contempt and prosecute it fittingly in the court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You have filed the contempt of court application but stated that it is of 'no use'.

2. Where does the said case stand? Expedite its hearing immediately.

3. You can apply before the high court for directing the lower court to hear your matter expeditiously.

4. On the next date of hearing, file an application for direction upon the police to bring your son on the scheduled days to comply with the order.

5. Finally press for child custody for your wife's refusal to comply with the Court order for bring your son every 3rd day of the month to the mediation centre for your visiting your son.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

There is no provision in law to seek direction to police to bring your child to the court on such orders until you have filed a contempt of court case.

From your contents it can be understood that this order was passed by the mediation centre, since she did not comply with this order, the case has been reverted to regular court.

Thus it can be ascertained that this order has not been passed by regular court hence it cannot be construed as contempt of court. You may obtain order from regular court and then file a petition to enforce the order.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1) if you involve the police it would scare the child

2) it is better you take out contempt of court proceedings directly in HC as advised earlier

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Technically the Court will not direct the police to bring your son every time to the scheduled place.

2. The Court may direct the police to accompany you to your wife's place to enable you to see your son, if you so desire.

3. However, you file a petition for your custody of the child since she is refusing to comply with the court order.

4. This petition may scare your wife who will then agree to comply with the Court order.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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