Wife not allowing to meet 3rd son (youngest)


District Court on 05th Oct 2017 allowed our application of interim visitation rights to my third son (Ani) of 6 years old residing with his mother. The other two elder sons 14 years & 10 years are residing with me. Third son was taken from my custody when he was 4 years old by CJM court.
Visitation rights include keeping the third son from Saturday after school hours to Monday morning drop at school.
(1) On first Saturday after the orders i,e on 7th Oct 2017 we went to school to pick up Ani but realized that he was not sent to school that day and there was a sick leave for three days (7th to 9th Oct, the timing which was allowed to be with us).
(2) Then we went to her (wife's) parental home where she has been residing for the last three years. There we found that he was not sick but playing with the kids in play ground.
(3) They (Wife, her brother, her father & her mother) refused to handover Ani to us stating that he is not willing to come with us.
(4) They said that you can take him only if the Child has a "will" to go otherwise they will not allow.
(5) When my two other sons tried to touch Ani, they were intimidated & aggressively threatened by wife's brother
(6) I approached the nearest police station & sought their help giving an application & and a copy of orders from the district court..
(7) Police came & tried to counsel the matter but wife's father & brother reiterated their stand that they will not allow the child to go with us as it is not his will.
(8) when kids were playing kabaddi in the ground, Ani wanted to come home with his brothers but wife was standing nearby & as she heard this, she picked up Ani & went inside the bedroom.
(9) Police has given this report mentioning clearly that they were not allowing the child to come with us as it is not child's will.
(10) Today (on 9th Oct), I came to know that they had taken Ani away from jurisdiction to another state for some of their own function (meaning that Ani was taken away from jurisdiction during the time which was alloted to be with us).
Now my questions are:
(a) what are my options now, how can the orders be reinforced. (My advocate today filed for police protection in the DJ Court).
(b) what can I do for aggressive & intimidating behavior of wife's brother & her father. My advocate advises to approach High Court & initiate the proceeding under "order 39 rule 2a cpc" against these two. (But these two are not a party in the case, the orders are for wife to give child to me during these times. Her brother & father are not mentioned anywhere in the orders.
Kindly help. Please advise
Thanks & best regards

 
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your advocate advise is correct. proceed with that suggestion.

manoj

advocate

8686159292

 
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Advocate

Firstly, file an Affidavit in Court on the next date of hearing putting on record all of these facts. Also in such a scenario, you should have first collected proof such as photographs of your child playing etc which would make your wife's defense fall flat. You can also file an Application for Interim Custody of the son. Your biggest advantage is that the other two children are with you.  You should press on the argument that siblings should not be separated. Also File an Injunction Application to restrain your wife from taking the child out of the jurisdiction of the Court.  

 
Reply   
 

Radhika ji, Thank u very much for the reply. Yes we have the following evidences: 1) Video & photographs of kid playing kabaddi with two elder brothers 2) Police report mentioning that her father & brother refused to let the child come with us. And that he was playing with kids I also want to know what is interim custody. What we got, is that just visitation or interim custody. He is allowed with us from Sat evening to Mon morning and 50% of school holidays. My advocate told me that its interim custody.
 
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Advocate

That is just visitation.. Interim custody means you are pressing for the custody of the child full-time. File all those evidences along with an affidavit putting on record the sequence of events.  

 
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