In your case, where you have filed for restitution of conjugal rights and have also sought interim visitation rights to see your daughter, here are some possible steps and considerations:
Non-Compliance with Court Orders: If your wife and her legal counsel have not complied with court orders or have failed to appear for the enquiry, it is essential to document these instances. Courts generally take a dim view of parties not adhering to court orders.
Contempt of Court: You can discuss with your attorney the possibility of filing a contempt of court petition against your wife for not following the judge's verbal instructions regarding visitation rights.
Evaluation of Counter Allegations: Courts will typically evaluate the evidence and arguments presented by both parties when deciding visitation rights. If your wife has made false allegations against you, your attorney should work on providing evidence to refute these allegations.
Mediation: In some cases, the court may encourage or order mediation to resolve issues related to visitation rights. Mediation can help both parties reach an agreement on visitation schedules and other matters related to the child's welfare.
Best Interests of the Child: In India, the primary consideration in matters of child custody and visitation is the best interests of the child. The court will make decisions based on what it deems to be in the child's best interests, including the child's emotional and physical well-being.
Visitation Schedule: The court may decide on a visitation schedule based on the circumstances and the child's needs. The court may also consider factors like the child's age, school schedule, and any other relevant factors.
Communication: The court may permit phone conversations between you and your daughter during specific times on weekdays. The court may also determine whether the visitation should occur during weekends or other specified times