Dear Experts,
Wife filed DV case in 2010 and I filed case for custody of my daughter (now 7yrs) under GW act. In both cases courts allowed interim child visitation by their orders.
In DV case Magistrate only says-- "Respondent is at liberty to visit the child since morning till 5.30 on the date of hearing in the court premises"
In custody case Family court Judge says-- "Petitioner is entitled to visit the child on 1, 3 & 5 Saturday of every month during 11 am to 2 pm in the children complex at Family court Thane."
In 3 yrs span, wife brought child 2-3 occasions as per both the orders but there after she stopped bringing the child, when she found that my daughter is very friendly with me. Therefore, applied many tricks to create fear in the mind of child and to avoid the visitation. She give reason of sickness, unwillingness etc of the child. But the child report says child is wiling to meet the father in court premises.
Even then, child not brought for visitation. So i filed Contempt petition in DV court, the court dismissed my petition by giving reason that in the visitation order no direction or order given to the Wife to bring child in the court, therefore by not bringing child in the court she has not committed any Contempt or breach of order. Wife at her wish may or may not bring the child in the court for visitation.
In GW case for custody, Contempt petition filed by me for non-compliance of child visitation order, is pending since last one year for reference to the H.C. I heard from Wife side that in that visitation order also there is no direction or order to Wife to bring child for visitation as ordered hence they are not worried.
Therefore, I tried to meet my daughter in the school at the end of her school timing but when the school authorities and teachers saw me at gate in school premises and trying to meet my daughter, they pulled my daughter from outside of the gate to the first floor in the cabin of Principal office and closed the door, thereby I could not meet my daughter. They filed NCR against me, when I left from there. Similar incident happened on another occasion in school during visitation period mentioned in the order that time also they filed NCR and I also filed NCR. Meanwhile, father of the Wife made me a call and told that the child falls unconscious at the mention of court visit and when I asked about it, he threatened that he would bring my daughter for visitation in the court and asked me to do whatever I want. Police did not take my complaint. Therefore, I filed written complaint after a week and requested for action but nothing happened and they continued not bringing child for visitation.
Thereupon, I filed complaint petition in Child Right Commission, Mumbai, they sent a letter to the police asking for action report. Police took my statement two months back but no further progress in last two months and the Chairman of the Child Right Commission/Membersare removed or transferred.
Now, only the Secretary of the Commission is handling the matter, like court he does not give schedule of hearing even after request, so that the date of hearing and work or other commitments can be adjusted. Suddenly on some day letter come to house mentioning hearing at specified time with warning that decision would be taken ex-parte if remained absent. When I reach there I find crowd of 40-50 people awaiting in the queue for call. Case calling starts only after 3 PM and by 5 PM everybody made to go home as their office also closes by 5.30 PM. So, may be due to work pressure or frustration or other reasons on the part of the Secretary, when I appeared first time before him, he only talked, that too what is not mentioned in petition and without listening me adjourned the matter to next date. On next date of hearing also he acted similar way, without listening me heard Respondents and adjourned the matter. When I objected he asked me to get out of the place and threatened that he will call police if I did not go out.. When pointed about unlawful treatment he said that he is dismissing the petition and asked to do whatever I want.
Now the questions are--
Are these Judicial or Quasi-Judicial officers really doing justice or playing with the judicial system at cost of public money?
Why don't they make clear orders without ambiguity which can avoid piling of litigation?
Are they not responsible for multiplicity of litigation?
Why should they not be punished for their negligence, inaction, and bias?
Now, with citation let me know the correct interpretation of above mentioned visitation orders, are they binding on the custodial person ?
If not, what may be the intention of the judges who made the order ?
Are they doing justice or playing with poor litigants?
I have experienced that many judges mention something irrelevant in their judgment what is no argued or pleaded in the case and even if argued something important they skip it. Therefore, I file written arguments.
Bhanudasssssssssssssssss
