Meeting children during domestic violence case
At present my domestic violence case is under process .
I have attended 3 court dates.
In the first court date it was ordered that not to contact my wife by any manner and also not to approach to her workplace. This order was given in January 2019.
Recently I saw one WhatsApp profile pic of my wife in which, I saw my younger son is being forced to be in the photograph and he was found crying.
I also saw that in the photograph, he was being forced to give Birthday cake piece to her Nani ji. I found him quite visibly uncomfortable whereas my elder son is quiet ok & comfortable, in the photograph.
So, I wish to meet my kids to see there status in my wife if parents house.
1. Please guide under which law I can meet them?
2. Can I go directly to their current residence where kids are living
3. do I need to inform police?
4. Inform my father in law that I am coming to meet my kids and take along my neighbours to their residence
Asked 4 months ago in Family Law from Delhi, Delhi
I am facing three cases and 1 complaint
1. Domestic violence case - December 2018
2. Section 9 case filed by myself - February 2019
3. Divorce case filed my wife - December 2018
4. Complaint in women cell - January 2019
Under domestic violence case I have received only two orders . These are:
1. I am not going to contact my wife by any manner, not going approach her workplace and disturb her peace
2. My parents are exempted to attend Court due to their age;
Contempt of court against me was dismissed as her Ld advocate has not pressed upon; he had failed.
Court directed me as father to sign on transfer certificate form which I objected & file an appeal in upper court
Apart Orders, I had even applied for the study u/s 6a of guardianship Act 1956 which the Judge had denied to accept.
But I m going to apply for visiting hours i.e. in upcoming date on 30th April 2019
On 15th Nov 2018 my father sent one sms to her father mentioning that her father & my wife had made forged SC category document to get government job which is important to discuss between the family.
On 16th Nov., my wife took my kids without my permission, consent and any information. On this date I was in Dehradun and came on 20th Nov 2018.
On 20 Nov. I saw my wife already present in the house and collecting her stuff, bag and cloths. On asking where are the kid she replied nothing and silently left the House along with her brother on the same date. Since then she never came back to my house.
It is correct to not to visit her parents residence in Gurgaon as it might attract contempt of court as she want to put me in any false case.
I also found correct to approach protection officer requesting her to ensure the comfortability and safety of children in my wife parents place.
Wife had created such a bad situation for the entire family. So it is my duty to present clarity about my position in the eyes of my kids.
Let them be sensitive. Kids are of age 11 and 8 years boys.
Asked 4 months ago