Anand (Myself) 28 July 2015

Enforcing child custody orders

A child custody case has been decreed by the Family Court with custody to the mother but various days of custody given to the mother.

I filed for Contempt in the High Court - but was told to file Execution before the Family Court as it is an executable decree. I did that.

The disobedience continues, and the Family Court is simply issuing notices of contempt and adjourning by months.

Two questions:

1. Can the Family Court punish for contempt of its orders or only make a reference to the HC?

2. How do I get to see my child?

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4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 29 July 2015

When a party to a family court order fails to follow its terms, you can petition the family court to enforce the order and secure the other party’s compliance.

1 Like

(Guest)

Along with police you can go and collect your kid.

Prasad (Systems Engineer) 29 July 2015

Sir...

You can never use courts to win the mother of the child to give access to you.

She can easily escape and put you in frustration.

Use the help of relatives, elders and friends to get access to your child.

Do not allow your wife to tell horror stories about you to your child and she will turn your child against you.

Drop the ineffective legal way and use most powerful social and kind way.

Then only you can win over your child and wife.

Please do not humiliate your own child's dignity by pulling your child to courts and police.

prabhakar advocate (advocate) 29 July 2015

I think I have answered your question earlier. Any how, HC rightly said when the order executable, the appropriate course of action is not filing contempt petition but execution petition. In the execution petition, you can file application for warrant of attachment of property at the first instance or in some appropriate cases, you can file application for warrant of arrest. You move application for warrant of arrest and the court directs the area SHO to arrest the wife and bring her before the court. Once her presence is secured before the court, then court forces her with coercion to bring the child to the court to handover to you and unless she complies the court direction, she can be sent to civil prison. But, by that time she relents. Now, your problem is that Family Court is showing laxity and laying eggs on your execution petition. If that is so, then you can again approach the High Court under Article 227 of Constitution of India (Civil Misc. Main petition) seeking the direction to the Family Court to expedite the execution proceedings.