if she is not accepting speed post, scan it on CAMSCANNER. send it to her WHATSAPP first, as you get Blue Tick, take colour print as evidence, then after, you can scan and email her too
if court has ordered you, you can very take him off
Child visitation denied even after Ld ADJ Court order
After a long legal battle at Kolkata, I received an order granting me visitation of my child once a week at the residence of my wife. many legal cases are pending between me and my wife like 498a/406/506/DP Act /323/341/509/114/divorce/pendalite/125/127/127/125(3) etc etc since 2014. After receiving the Direction from Ld Court, I informed my wife about visiting my child. I was directed to inform her before visitation. so I send speed post with A/D . She received the speed post. But when I reached her home she was not there and her mother said that they have no order from Ld Court. I was not allowed to meet my child. I went to Her jurisdiction Police station and made a GD that I was not allowed to meet my Child . Next my lawyer said another petition to be filled in the same court of Ld ADJ. But when I send a copy of the petition CPC 151, my wife deliberately not accepting the speed post. So I am not able to file a petition CPC 151 in the same Court , she is not taking the speed post. speed post out for delivery 3 times but returned and currently on hold in the post office, my lawyer says that if she doesnot take the speed post we cannot file CPC 151 petition in ld Court. Please advice how can I get visitation if my wife refuse to take any speed post. How can I enforce the visitation order
Asked 6 years ago in Family Law
Religion: Hindu
14 Answers
You can file contempt petition against her and can invoke contempt of court proceedings
take out contempt of court proceedings against wife in HC as she has deliberately flouted trial court orders granting you visitation rights
See if the wife is not accepting the speed post deliberately from the court seek alternate mode of the service and ask for a newspaper publication of the court notice.
1. Well, this is often the conduct of the parent under whose physical custody the child is kept.
2. Fling application before the trial court does not give much results as it can not take any coercive measures.
3. hence it is advisable that you file contempt petition in high court which can take all the measures to implement the order.
4. i has the power to send the contemnor to civil prison as well to execute the order.
If your wife is not accepting your notice of visitation through speed post, then you can seek through court alternative mode of service by email or Whatsapp. Since she had repeatedly denied and violated the visitation right of your child, you may file a motion for contempt. If the court finds the custodial parent denied you visitation without a good reason, she may be held in contempt, ordered to make up lost visitation, and ordered to pay your attorney fees. It is important that you document each denial. The court can also change the visitation or even the custody order if the custodial parent continues to refuse to follow the court's order.
Why don`t you file contempt in court for not complying court order. And due service of summons is assume when summons send through registered post in known address. Your lawyer is incompetent.
You have to file a review petition in the it is a court for execution of this order and in case you don't find any relief from the a DJ Court then you can move your petition to High Court
First of all you change your Advocate. He doesn't now how to advice you, to get a decree in favor of you executed. A simple and basic thing for lawyers, of which he has no idea about
you may file a motion for contempt. If the court finds the custodial parent denied you visitation without a good reason, the custodial parent may be held in contempt.
1. If the npostman mentions on the envelope that she has refused to accept the post, then it will be considered as good service.
2. Your lawyer can also file an application before the Court for publishing the said notice in local News papers since she is not rceiving the notice sent by post. Such publication of notice also will be treated as good service for filing the application u/s151 of CPC.
1. In this scenario you should file an application for contempt of court against her as there appears to be a wilful disobedience of the court order by her.
2. It is not clear from your query as to what is the prayer you intend to make in the 151 CPC application. Hence, not possible to advise.
Do you have the evidence of the refusal to receive the speed post?
In fact you do not have to send her petition copy, the court will send it by post as well as through court ameen.
Your lawyer should make sure that it is served through court also./
Once the court has passed an order in this regard and if she refuses to obey the court order then you may either file a contempt of court or file a petition seeking police protection to enforce the court order.
It is not understood that what petition that yo are trying to reach her under section 151 cpc.
You may throw some more llight in your question for more proper opinion in this regard
Dear Client
A speed post refused to be taken is considered as delivered in court and you can file the petition.
And for the orders of court to be executed you have to file an execution petition in court and for filing this petition it is not necessary to serve copy of petition to judgement debtor.
