• Early disposal of interim custody of two minor children

My two minor children are in forceful possession of my husband for the past one year and he has denied me access to them.I have filed for Custody in Tees Hazari court,Delhi. But my husband in spite of court orders has not let me meet the children without his presence. He defied the courts order even when I was supposed to meet the kids alone in the court's premises by not leaving the room where I was supposed to meet the children. Also he did not let me spend the time stipulated by the court and brought them late to the meeting area.Are these acts worthy of courts contempt? 

I have now filed for early disposal of interim custody citing the previous two episodes and the past year. What are my chances and is there any other way of expediting the custody?

Please advise.
Asked 8 months ago in Family Law from New Delhi, Delhi
Religion: Hindu
Court would be inclined to grant your application for early hearing of your custody application of yiur minor children 

Merely because husband arrive little late woukd not amount to contempt of court as he may have been stuck in traffic 
Ajay Sethi
Advocate, Mumbai
27369 Answers
1488 Consultations
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1) litigation is long drawn process and courts  are overburdened . It may Rane 5 years for disposal 

2) you can move HC for expediting hearing of your case 

3) if husband had committed contempt of court orders you can take our contempt of court proceedings against husband 
Ajay Sethi
Advocate, Mumbai
27369 Answers
1488 Consultations
5.0 on 5.0
I have now filed for early disposal of interim custody citing the previous two episodes and the past year. What are my chances and is there any other way of expediting the custody?

The orders of the court is to be seen for giving proper opinion for filing contempt of court.

Have you notified the court about his unruly behavior during the visitation times?

Have you sought the intervention of court for restraining him from interfering during the time you are spending your time with the kids as per the court order?

Have you taken the help of your advocate to sort out this problem?

You may adopt all the above steps to overcome the crisis. 
T Kalaiselvan
Advocate, Vellore
17497 Answers
165 Consultations
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I also want to understand how long do you think the courts generally take to dispose a case 

The disposal of a case by court depends on various factors, which include the burden of the court, parties behavior, advocates punctuality, judges leave, court holidays , lawyer's boycott etc.  Henc it cannot be predicted.




 

when both my children are under 8 years and also face a medical issue.I also came across an article where Mumbai High court fined a husband to 3 months of imprisonment and 5 lacs as fine for denying his estranged wife to meet their 8 year old daughter.

You can inform your advocate to cite this judgment if it is relevant to your case during the final argument.
T Kalaiselvan
Advocate, Vellore
17497 Answers
165 Consultations
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1. If they are in 'forceful' possession, as you claim, the remedy is to move the High Court through a writ petition for their release, albeit it is not clear on what basis you claim that he has held them against their will. 

2. If the court order has been violated then you can initiate proceedings for contempt of court, apart from applying to the court to revoke the earlier order.

3. The chances of expediting the proceedings are bright in view of the continuous non compliance of the court order by your husband.
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
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Child custody cases take time to be decided by the courts. To remedy the delay one can always go to the High Court. The court can send your husband to jail for contempt
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
5.0 on 5.0

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