Remedy - after disposal of case
Querist :
Anonymous
(Querist) 04 February 2019
This query is : Resolved
Dear All,
Good evening ,
Need advice from this forum .
I am 75 + years old widow and had lost my son at his young age He had a son who was only 1.5 years old that time , now he is 9 years old .
After his demise his wife remarried and did not allow us to meet my grandson who was 3 yaers old that time .I had filled a case for cusody and meeting rights in 2013 in family court ,since then case is pending in the court. As a relief we were allowed to meet the kid once in a month for 1 hour in the court itself , which was of no use .
Our case was sent to mediation and after few sessions we have come to a mututal agreement where she agreed to send the kid to our house for 20 days in year ( for day spend only) . We agreed and mutual agrrement is signed in the court mediation .
Now final date has to come wherein the Honourable Judge has to dispose off the case on the basis of mutual agreement signed .
Now my query is - What , if , after disposal of this case , if she would stop obeying it . What remedy would be available to me . Would I need to file a fresh case again or the same case file could be revived .
Do I need to pray to Honorable Judge for any specfic mention of betrayal in the Order ?
Pls take your valueable time and suggest .
Thanks and Regards
Vijay Raj Mahajan
(Expert) 04 February 2019
If there's any infringement of the mutual agreement and order of the Family Court there on by the respondent, file contempt of court application against her in the same Family Court.
Querist :
Anonymous
(Querist) 05 February 2019
Thank you Vijay Sir for your advice . So in this case court will pass a Decree on our mutual agreement ? which in future can be taken as contempt if not obeyed ?
KISHAN DUTT KALASKAR
(Expert) 05 February 2019
Dear Sir,
If orders of the Trial Court/Family Court not obliged then you may file execution petition and Court has power to send the contemnor to the jail.
Please mark “LIKE” if satisfied by my answer.
Dr J C Vashista
(Expert) 06 February 2019
Generally grandparents are given visitation rights which has to be followed by mother.
However, if the respondent disobeys the orders passed by competent court, move to same court for execution/ contempt through your lawyer.
