Habeas corpus read with contempt of court
Kumar
(Querist) 05 March 2015
This query is : Resolved
Dear Experts,
Wife doesn't bring my child to park from past 2 months for visitation as per magistrate court interim order under dv act. She supposed to bring every week. I have filed contempt of court in magistrate court, but majistrate went on leave. Shall I file Habeas corpus petition read with contempt of court in HC? please advise
R.K Nanda
(Expert) 05 March 2015
no, u cannot file said petition with contempt of court as there is no court contempt.
Thanks,
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Devajyoti Barman
(Expert) 05 March 2015
Contempt application does not lie in magistrate court.
It is contempt of court order and you can file contempt petition in high court only.
You can file petition for execution of ordr in magistrate court in default of which W/A may be issued.
Kumar
(Querist) 06 March 2015
Since Magistrate went on long leave, I have to approach HC only.
Here is the problem: When magistrate went on leave by 30th jan, I have filed contempt of court petition in Magistrate courtby 30th jan, magistrate numbered. Magistrate will be back on Apr only. Now, I have planned to file contempt of court in HC. Should i withdraw my petition from magistrate court first, before going to HC?
Devajyoti Barman
(Expert) 06 March 2015
You are already advised. Do not repeat the same query.
