What offense applicable?
bhanudassss
(Querist) 18 February 2015
This query is : Resolved
Dear Experts,
In child custody case, Family court Thane made interim visitation order-- "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 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.
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 there is no direction or order to Wife to bring child for visitation 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 not 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.
Wife take stand that she is not ordered to bring child for visitation in the court, and she & school authorities take stand that court allowed visitation only at Child Complex in Court that too on specified days (their implied interpretation)therefore they won't allow to touch child other than the time and place mentioned in the interim order.
Now my questions are--
What is procedure to enforce interim child visitation order of Family court above?
Do I require to file separate application for execution of interim child visitation order before the Family court or other court?
In above situations, can Family court take action for not bringing child for visitation and school authorities for not allowing to meet child even after school hours?
Has school authorities committed any offense?
What offense committed by the custodial parents (wife) by not bringing child for visitation as per interim order?
What offense committed by father of the wife by informing child falls unconscious at the mention of visitation at court and they would not bring child for visitation?
Please answer these questions at the earliest,
Thanks in anticipation,
Bhanudasssssssssss
ajay sethi
(Expert) 18 February 2015
your wife has failed to comply with court orders . take out contempt of court proceedings against your wife . your wife will comply with court orders
Rajendra K Goyal
(Expert) 18 February 2015
Prey the court in your contempt proceedings to give interim custody of child to you till the contempt proceedings decided.
bhanudassss
(Querist) 18 February 2015
Thanks for the response. I have already filed contempt petition and filed multiple application for interim custody of the child but court is doing nothing. In fact, six months back judge told me that she is discussing with H.C. in this matter. But, without deciding matter she resigned 3 months before so nothing happened in last six month; new judge taking charge this month. Now please answer my questions posted above by me to clear the confusion.
Bhanudasssssssssss
Advocate Rajkumarlaxman
(Expert) 19 February 2015
Please post the order which u hv got we will gv u clear idewa wat to do.
Ur application for visitation right their objection if any and the courts order
N before which judge was it in thane
Family court thane or u belong to su urbans were it has gone to ad hoc family court for uter jurisdiction
bhanudassss
(Querist) 19 February 2015
Dear Rajkumarlaxamn,
The contents of order is already displayed in my post there is nothing more. Name of the judge is not necessary for the answers.
Nadeem Qureshi
(Expert) 19 February 2015
Dear Querist
as per your information, there is no direction for your wife to bring the child for visitation, so there is no contempt of court and there is violence or non-compliance of the court order.
You may file an application u/s 151 of CPC before Family court to add the word/direction to your wife to bring the child before court or in court premises on the days which is mention in the court order. or you may file a review petition before family court for changing the orders language and add the above direction.
raise the objections before court that there is fruitful result for passing the order.
non-visitaion is also against the welfare of the child on the court should change the order with clarity.
bhanudassss
(Querist) 19 February 2015
Dear Nadeemji,
I raised the issue as you said and told the Family judge how wife side is interpreting the order to avoid child visitation, then judge told me that, she need not to review the order and interpretation by wife side is wrong and wife should bring child for visitation as per the order. Then, I asked court to take action for non-compliance of the order and decide my contempt petition by referencing it to the H.C. Thereupon, as I mentioned earlier, six months back Family judge told me that she is discussing this matter with H.C. and she took VRS 3 months back without taking any action. Now I will have to see how new Family judge is interpreting the order.
For your information, same issue came before CJM court in DV case against me. Court said in the order--
"Respondent is at liberty to visit the child since morning till 5.30 on the date of hearing in the court premises."
There also wife brought child for 2-3 occasions and stopped bringing child; therefore I filed multiple application requesting for action but nothing happened. Then, I filed contempt petition in the same court requesting for reference H.C. but the CJM court dismissed my contempt petition by giving reason in the dismissal order--
"It is true that as per the order Respondent is allowed to visit the child in the court premises in the specified time but there is no direction to the Applicant to bring the child in the court. Therefore, by not bringing child in the court on specified time she has not disobeyed any order of the court, hence there is no contempt committed. Wife may or may not bring the child at her own wish. Hence, contempt petition is dismissed."
After this dismissal of contempt petition I moved new application requesting direction to Applicant (wife) to bring child as per interim child visitation order passed by the court. After four months (just two months before) same judge rejected this application also he said in the rejection order--
"It is true that as per the order Respondent is allowed to visit the child in the court premises in the specified time but there is no direction to the Applicant to bring the child in court. Hence, application is rejected"
Now that CJM is also transferred one month back and new ad-hoc judge has taken the charge.
I have given all details now, I am not a lawyer but I am studying and pleading in person. Therefore, I request Experts to answer question raised in my post.
Bhanudasssssssssss
