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strike out the defense(Matrimonal)

Querist : Anonymous (Querist) 04 April 2010 This query is : Resolved 
Dear All

I am having visitation order for seeing my child but my wife is not following it .

I have filed 3 memos in the Family court bringing it to the notice of the Judge and even after the Judge telling her to bring she is not bringing.

She has the audacity to file a counter memo stating that I should fix appointment with her for seeing the child even though vistation order is in force.

At this stage I am planning to file a memo to STRIKE OUT THE DEFENSE IN HER Guardianship petition under CPC 151.

If anybody has any judgments in this regard please forward it and also your feedback in this regard will be highly appreciated
Kiran Kumar (Expert) 04 April 2010
u need not to refer any judgment on this issue, simply move an application, this will put both the your wife and the judge in pressure to produce the child, however, if she still does not relent then you may approach High Court by way of Habeas Corpus petition.
Adv.Shine Thomas (Expert) 05 April 2010
I agree with Mr.Kiran Kumar.


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