issue legal notice to wife to comply with family court orders
2) if she fails to comply take out contempt of court proceedings against your wife in HC
3) HC would direct wife to comply with family court orders
Wilful disobedience in Family Court - child visitation
Divorce and child custody cases are being head in parallel in Family Court Judge passed interim visitation order in court premise (counselling room). My wife brought child once but even then, did not cooperate. She kept distracting my child, kept the child in her lap, did not allow me to speak or cuddle the child. She totally covered the child, with masks and pacifier to prevent me seeing and speaking to her. Despite counsellors advising my wife adamantly refused saying she is highly qualified, a mother and know all. Next two times my wife did not bring the child and remained absent. She by passed court and tried to lodge police complaint on me with false cases. Main problems 1. My wife is not taking Family court seriously. Judge seems laid back since she is professional. 2. I want to take the matters to the high court 3. How can I request judge to enforce her own order? I want to take every possible action against my wife - What are the steps I should take? Please let me know at least 5-10 steps of action. PS: I am grieving father not having access to my son aged 4 since he was born.
Asked 4 years ago in Family Law
Religion: Hindu
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6 Answers
As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Submit an application detailing every conduct of wife seeking permission to meet the child in the Chamber of Judge and the presence of judge.
You can also file application in the Court for referring matter to High Court for initiating contempt of court proceeding against her as what she is doing amounts to constructive contempt of Court order.
If she spoke ill of you, a criminal complaint for defamation and a civil suit for compensation can be filed by you.
You can also file criminal complaint against her in the Court of Magistrate if any offence is committed by her. Complaint will be referred to police for investigation and filing of FIR. After filing of charge sheet and trial, if found guilty, she will be sent to jail.
If there's an order by court granting you visitation rights, then it can be considered as contempt of court for disobeying the court orders.
You can file a petition seeking action on it. But if it was before a mediator only then you get an order from court to this effect and proceed as per law.
You can file for contempt petition before court for breach of the order
1. If the family court has passed an interim order for visitation right then legally your wife has to comply the said order , otherwise you have right to file a compliant for the contempt of the court.
2. Move an application before the family court where this order was passed , and if not allowed then approach the High Court against the passed order.
3. File an contempt application against wife before the said court
Dear Client,
Courts cannot alter or review their own judgements or final order after it is signed, except to correct clerical or arithmetical mistakes,according to the Supreme Court
Thanks & Regards
