Child visitation - in-law provoked
Kumar
(Querist) 27 July 2014
This query is : Resolved
Hi Experts,
Few days back got the visitation of 2 yr old child for 3 hrs in DV case on sundays only and today i went to in-law house as first.
Mother-in-law provoked me as mentioned below:
I knocked door first, she opened (in-law) door and said they were gone out and i returned.
After 1 hr, I knocked door again and asked whether my son returned, She said don't know and no need of telling to me.
I have recorded in my phone and planned to file contempt of court on next hearing along with audio proof in CD.
Is any other better way to handle this?
I was actually asked to take the children out from house in court for 7 hrs instead of visiting child in their house itself. but, court asked to see child in house itself. Shall i pray now to get the child out in contempt -court petition using in-law provoke?
Thanks.
Devajyoti Barman
(Expert) 27 July 2014
Better take video recording as well.
Inform the court on next date about non compliance of its order. The court is expected to be stern against her.
ajay sethi
(Expert) 28 July 2014
inform the court of deliberate violation of court orders regarding visitation rights .
Kumar
(Querist) 28 July 2014
Hi Experts, Are you suggesting to inform court orally or through contempt-petition?
Thanks.
ajay sethi
(Expert) 28 July 2014
inform court orally
V R SHROFF
(Expert) 28 July 2014
NOTHING WRONG, IF YOU FILE APPLICATION IN COURT, LET IT BE ON COURT RECORD..
T. Kalaiselvan, Advocate
(Expert) 29 July 2014
A petition can be filed in the court seeking alternate relief of visiting your child in some other public place instead of her home in view of the hurdles, obstacles and harassment faced by you, you will get an alternative relief upon satisfaction by the court.
Kumar
(Querist) 04 August 2014
First Sunday, Wife's mother provoked me and refused to enter house.
Second sunday (yesterday), Wife's brother said he didnt received order copy from court and i showed him and read the copy in front of him. He said, he want to receive the copy from court instead of copy in my hand. Finally refused to see my son.
I came to know that their council have plan to go for appeal.
Will they stay the order in session court? Should i file caveat immediately at session court?
Kumar
(Querist) 05 August 2014
Thank you Sir. Yesterday I have filed CAVEAT in session court. JM court judge for DV case is on leave for 2 weeks and next hearing is after 2 weeks. I met DSP in her city by last sunday night and given complaint to implement the visitation order and he referred to Inspector and still waiting to hear from them. Is this a good approach to implement the visitation order? Should i approach HC in this regard?
Biswanath Roy
(Expert) 05 August 2014
Before trial court you can state the difficulties you faced during visitation of your child inspite of the specific direction and order of the learned court and can pray for further appropriate order as redress by an oral application . The matter is pre- matured to place before the H.C.
Kumar
(Querist) 05 August 2014
Thank You Sir!
1. May i still go and knock in-law home on next week sunday to see my son?
2. Does police has rights to implement visitation order?
3. If opposite party says that they filed a appeal in court, Will police simply say "matter is in court and cann't help in this regard"?
Biswanath Roy
(Expert) 05 August 2014
Q.1. If you so desire you may visit.
Q.2. If in the order sheet direction upon police was given to implement the order then police can implement visitation.
Q.3. IF YOU HAVE FILED CAVEAT you can easily come to know whether any appeal was preferred against the visitation order or not. In absence of any stay order visitation order shall be in force and operative.
Kumar
(Querist) 05 August 2014
Thank you Sir!,
In Order copy, Direction to police for implementation of order is NOT mentioned. My in-law is also retired S.I. in same city. Will police help me in this scenario? Do i have rights to ask the police to implement the order? My next hearing is on 20th only, if i need to go to same JM court to report this scenario.
Biswanath Roy
(Expert) 05 August 2014
In absence of specific direction in the order of the court Police is not duty bound to implement the order. Better you mention before the court orally the difficulties you experienced.
Kumar
(Querist) 19 August 2014
Hi Experts,
Yesterday, I have appeared in court and Judge didnt accepted my contempt of court application and asked "why did you took camera to create evidences?". I said to film my son only. Judge later said both me and her lawyer have to talk and find the common place and tell it on next hearing shortly in 2 days. She supposed to accept my petition right?
Biswanath Roy
(Expert) 19 August 2014
Oral order indicates that the court accepted your complaint relating to difficulties for visiting your child but that doesn't mean that Judge accepted your complaint for committing contempt by your in laws.
Devajyoti Barman
(Expert) 20 August 2014
have patience and see what comes out after 2 days.
V R SHROFF
(Expert) 04 November 2014
iN ONE CASE, MOMENT HUSBAND WENT AGAIN, AS PRE PLANNED, HE WAS CHARGED WITH MOLESTRATION, TEAR OF BLOUSE OF HIS YOUNGER SISTER IN LAW, pOLICE COMPL FILED, h WAS JAILED!!!
ALL PREPLANTED TO AVOID CHILD VISITATION
EVEN POLICE WAS INFORMED BY HUS, BEFORE GOING TO HER HOME, WITH COURT ORDER, BUT POLICE DID NOT HELP HONEST HUSBAND, AND HELPED WIFE AND HER YOUNGER SISTER TO LODGE FALSE POLICE COMPLAINT.
MATTER OF ULHAS NAGAR COURT..
CORRUPTED POLICE FROM THAT JURI.
WOMEN GOING OUT OF LIMIT TO HARASS HUSBANDS AND A FATHER CANNOT SEE FACE OF HIS CHILD, AND COMPELLED TO PAY MAINTENANCE TO CHILD!!!
Kumar
(Querist) 04 November 2014
My Experience: For my case, I took HD camera whenever i visit the house for visitation.
From Wife Side, they said i went to house and shouted her mother using foul language. I said, i have video record and asked judge to accept my contempt petition for denial of visitation.
Judge refused to accept my petition and asked "Are you taking camera to create evidence?". I replied, i took camera to video my son. then, Judge asked me to discuss with her lawyer to find common place for visitation.
In Parallel, I approached DSP of her city and filed petition for denial of visitation along with court order and said its like "child abuse". DSP sent police to her house for couple of times and then finally they came to DSP office and assured to give visitation in common place as per court direction.
Now, I am seeing my son in near park from past 2 months.
My in-law was retired SI in her city.
Kumar
(Querist) 04 November 2014
Always need patience..They denied visitation for continuous 4 weeks and then i got access to child.
Kumar
(Querist) 04 November 2014
I just shared my experience to reply for "V.R.Shroff" sir. Its closed thread and assigned to "resolved" status.
V R SHROFF
(Expert) 04 November 2014
THANKS,
THERE ARE THOUSANDS OF FATHERS DENIED VISITING RIGHTS OF THEIR SON/ DAUGHTER,
BY THEIR SHREWD wife.
THANKS FOR SHARING YOUR EXPERIENCE..
