• 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 
Or
3. do I need to inform police?
Or
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
Religion: Hindu

1. You have to file a petition for child custody in the court of guardianship judge.

2. In a DV case the man cannot claim any relief from the court.

3. Since there is an order of injunction passed by the court to restrain you from contacting your wife in any manner and also not to approach her you will be committing a breach of it if you go to her residence and thereby make yourself amenable to penal consequences for breach of protection order.

4. Police has no authority of law to intervene. You have to avail your remedies before the court. 

Ashish Davessar
Advocate, Jaipur
26119 Answers
775 Consultations

5.0 on 5.0

First of all why have you permitted your wife to take away your kids? 

Now you must file a petition in family Court for custody and guardianship of both your kids. 

I'm prepared to handle your cases. So contact. [deleted]. ([deleted])

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1031 Answers
1 Consultation

4.4 on 5.0

You can make application seeking joint custody for your children 

 

2) court would award you visitation rights 

 

3) do not go directly to their residence where kids are staying as your wife would be at said address and court have directed you not to contact your wife 

Ajay Sethi
Advocate, Mumbai
65545 Answers
3967 Consultations

5.0 on 5.0

Dear Sir,

-Visiting without permission of court shall be considered contempt of court order which will create more problems if the complaint is registered by wife.

- Do approach family court with petition seeking visitation rights to see your children.

- Rest, the in-depth guidance can only be shared once have studied the case thoroughly that why court didnt allow you to visit your children.

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
438 Answers
3 Consultations

5.0 on 5.0

You have to.fole a custody petition along application seeking visitation rights pending the custody case.

You need a court order to seek visitation of child.

Shubham Jhajharia
Advocate, Ahmedabad
18317 Answers
71 Consultations

5.0 on 5.0

1. Apply under the Guardian and Wards Act.

2. First seek visitation rights order by approaching the Court first, taking recourse to the setp1 above.

Vibhanshu Srivastava
Advocate, New Delhi
8392 Answers
129 Consultations

5.0 on 5.0

you can file a suit under The Hindu Minority And Guardianship act, 1956, and request for your child custody in the mean time you request for visiting right of child.

If there is no order from court then you can directly visit your inlaws home. 

 

Mohammed Mujeeb
Advocate, Hyderabad
9395 Answers
3 Consultations

4.5 on 5.0

U can file a petition in d court for meeting ur children under sec 21 of the DV act. Though it is in favour of women but as a respondent u can get d order for meeting d children. Ref: Ruling of Bombay High Court in a similar case . Court will certainly allow u to meet them. If u r really bothered about ur kids keep them away from ur fights. They r indeed very sensitive & innocent. Wherever they live u should just prove a very good father to them. 

Sital Patil
Advocate, Kota
50 Answers

Not rated

You can file for his custody or visitation rights before court. If they are allowing you to meet then it's good else you need to approach court

Prashant Nayak
Advocate, Mumbai
11738 Answers
19 Consultations

4.8 on 5.0

1. If the court has passed restrictions on you to visit your wife, you cannot visit her house to meet your children, hence you better file a child custody cae and seek visitation rights as an interim relief to meet your children.

2.See the above answer.

3. The police will not be of any help in this regard.

4. You are taking a long route which may not be feasible to achieve your object, hence better file a child custody case and proceed 

T Kalaiselvan
Advocate, Vellore
55391 Answers
674 Consultations

5.0 on 5.0

Sir,

You have to abide by the court orders.However you can lodge a formal complaint with police or the protection officer to enquire about the children and if such found in difficulty shall certainly inform in court.

Anand Shukla
Advocate, Delhi
441 Answers
11 Consultations

4.9 on 5.0

Your understanding is right that if you visit her house she may file a contempt of court proceedings against you, hence you better be careful about it.

The protection officer may not be the proper person for that, a case in court for child custody would be the solution for  this.

 

 

T Kalaiselvan
Advocate, Vellore
55391 Answers
674 Consultations

5.0 on 5.0

Yes you can  do the aforesaid. You can also ensure your childs safety through court

Prashant Nayak
Advocate, Mumbai
11738 Answers
19 Consultations

4.8 on 5.0

you should not visit her parents residence wherein your wife is staying with  children as it would amount to contempt of court 

 

apply for and obtain visitation rights from court 

Ajay Sethi
Advocate, Mumbai
65545 Answers
3967 Consultations

5.0 on 5.0

See you can file for custody of children seeking custody and asking alternatively for visitation. 

Further it would be not good time to approach your wife.

Shubham Jhajharia
Advocate, Ahmedabad
18317 Answers
71 Consultations

5.0 on 5.0

  1. Yes, you should not approach them even on the ground that you wanted to see your children as this would surely amount to contempt to court.
  2. Being a father, no court can deny the rights of a father to see his children irrespective of the fact that he has been contesting allegation of charges before the court of law.
  3. You should file an application for the custody of the children on the ground of better future and protection with you, and therein along with the same application, file one more application for the interim relief as to give you the permission for visiting hours to see the children.

Sanjay Baniwal
Advocate, South Delhi
4787 Answers
11 Consultations

5.0 on 5.0

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