• Lok adalat child custody order not followed

Hi, I had agreed to give child custody to mother as our matrimonial dispute was impacting my son, this was settled in lok adalath. I had visitation rights during vacation where I could take him with me. The order was followed until the divorce case was settled post paying huge alimony. 
Now I have been denied access to my son both phone communications and visitation rights.
I have heard lok adalat settlement is final cannot be modified.
What is the remedy? I would like to get my son's custody back now since he is under the custody of his mother who is not law abiding and totally wants to brake our bonding.
Is it possible to get my sons custody?
Asked 7 months ago in Family Law
Religion: Hindu

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9 Answers

Dear Client,

You may make an application before the proper court for enforcing the visitation rights and communication under the Lok Adalat settlement. Although the Lok Adalat settlements are final in nature, orders regarding custody can be changed by the family court if there is a major change in circumstances relating to the welfare of the child. You may move for a petition of custody or for expanded visitation rights, based on the best interest of the child. The courts give highest priority to the welfare and bonding of the child with both parents. In case the mother is hindering your relationship without just cause, the court may award you custody or increase visitation.

You may choose to follow through the following legal remedies:

File a contempt petition or enforcement petition for violation of Lok Adalat order.

File for a custody modification petition under Section 25 of the Guardians and Wards Act or relevant family law provisions.

Anik Miu
Advocate, Bangalore
11009 Answers
125 Consultations

1. File a case in the appropriate family court for not complying with the Lok Adalat Order.

2. The disobedient spouse may be penalized. The custody and visitation rights may be restored as per Lok Adalat Order. 

 

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
338 Consultations

Issue, your ex-wife legal notice to comply with the court orders operating you to visit your child

if she refuses to comply, take out contempt of court proceedings in the High Court against your ex-wife

Ajay Sethi
Advocate, Mumbai
99759 Answers
8143 Consultations

The Lok adalat order is also equal to court order.

If she is refusing to allow visitation rights then it can be considered as contempt of court order.

You may file a contempt proceedings against her.

You can also file a petition to modify the court order to grant you custody in view of her refusal to allow you the visitation rights and disobeying the court order.

T Kalaiselvan
Advocate, Vellore
89962 Answers
2490 Consultations

No court can prevent biological father  from seeking custody of his son notwithstanding any agreement, order or settlement in Lokadalat or in SC. Such right  is natural right, seek custody as of your right  not only because you are denied visitation.

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

You can go for execution of that order as it’s a decree in terms of CPC if same is not complied 

Prashant Nayak
Advocate, Mumbai
34498 Answers
248 Consultations

- Since, the Lok adalat has granted you the visitation right , hence she cannot deny for the same. 

- You can file a contempt application before the Court against her for the non-compliance of the order 

- Further , on this ground you can also file a custody petition before the family Court. 

Mohammed Shahzad
Advocate, Delhi
15804 Answers
242 Consultations

Dear Sir,

it is suggested that the said order is being violated by mother and you can file the case of contempt of court by her/your ex-wife. The case will be filed in the same court where the case was decided. Through this, you can get the custody of the child first temporarily/visitation rights and then may try for permanent custody as well. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Yes, you can seek custody modification even if the original custody order was settled in Lok Adalat, because child custody is always subject to the “best interest of the child”, which is a continuing jurisdiction under Indian law. You can file a custody petition under the Guardians and Wards Act before the Family Court, showing that the mother is now denying court-ordered visitation and is acting against the child’s emotional welfare. Even though Lok Adalat orders are final and binding as a decree, custody arrangements are not permanent and can be revisited if circumstances have changed. You can also file an execution petition to enforce your visitation rights, and if she still refuses, seek custody transfer or joint custody with structured access. Let me know if you’d like help with the draft petition.

Shubham Goyal
Advocate, Delhi
2057 Answers
14 Consultations

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