LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kishore Kumar   12 May 2024

Wife not showing child post receiving visitation order

My wife filled an interim maintenance case in DVC and I have filled child visitation case in the same DVC. Both maintenance & child visitation orders were passed. Also I filled sec 340 petition on my wife for false affidavit of assets but the Magistrate is not giving importance stating it will be considered at the time of main DVC case evidence submission of my wife. But main case is prolonged. I informed my wife that I will pay maintenance in cash at the time of child visit and she can acknowledge the same but she did not bring the child & did not collect the cash from me. I went to appeal with stay against maintenance order. I made a part payment to my wife account. My advocate filled sec 31 petition in DVC against my wife for not showing the child & it is taking time. So I gave police complaint & even with police support if we go to my wife home, still my in laws are not showing the child. I am in trouble now. Kindly let me know the FASTEST procedure to see the child. Can I put Habeas corpus or contempt of court or summary trail case to see my child regularly. Also let me know if my wife is taking any legal actions on me for non payment of arrears will the appeal & sec 340 petition may help or not?



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     12 May 2024

She has filed one case against which you have filed many cases and still not able to get the relief yet even in single case from your side.

You may have to introspect what went wrong and where 

Perhaps you were rushing up with one or the other petition frequently without observing patience.

As you have already into court cases you may follow up the cases through the guidance of your own advocate.

Any advice rendered here may not suit you in the given circumstance except for the decisions taken based on the circumstances prevailing at that time 

P. Venu (Advocate)     13 May 2024

You need to wait for the decision of Court or approach the High Court for a further direction.

It is too hasty to proceed with the CrPC 340 petition. This would only lead to main issue being waylaid.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register