Visitation rights problem


Dear Experts,

 

I am from delhi. 

I have taken mutual divorce 3 months back. In settlement deed it was mention that custody of child ( 5 year boy) will be with her mother and she will get the child for meeting with me on every first sunday of every month.

But she never did that , When i called her i got to know she has changed her phone no.

So, I approached family court for compliance of settlement deed. Court summoned her but summoned was returned by her parents stating that their daughter is not living with them and they don't know her present address.

 

kindly guide what can i do ?

 
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Advocate

Let the Family Court order for her arrest warrant if she is avoiding purposely the court summon. That will be served through police, when police constable goes with court warrant and will ring her parents' house bell every hidden thing will be out from them. Also file independent petition for custody of minor child under the Hindu Adoption and Maintenance Act read with the Guardians and Wards Act on the ground of her moving out of agreement about child custody and visitation. By the way which Family Court in Delhi?

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Originally posted by : Vijay Raj Mahajan
Let the Family Court order for her arrest warrant if she is avoiding purposely the court summon. That will be served through police, when police constable goes with court warrant and will ring her parents' house bell every hidden thing will be out from them.
Also file independent petition for custody of minor child under the Hindu Adoption and Maintenance Act read with the Guardians and Wards Act on the ground of her moving out of agreement about child custody and visitation. By the way which Family Court in Delhi?

 

Sir thanks for your reply.

Case is in Tis Hazari Court.

When i asked my lawyer can court issue NBW he said it is civil case court will not issue NBW. 

Moreover you cannot file custody case because you mutually gave custody to her.

Please reply is he correct ? How can court issue NBW in civil case?

 
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Originally posted by : Vijay Raj Mahajan
Let the Family Court order for her arrest warrant if she is avoiding purposely the court summon. That will be served through police, when police constable goes with court warrant and will ring her parents' house bell every hidden thing will be out from them.
Also file independent petition for custody of minor child under the Hindu Adoption and Maintenance Act read with the Guardians and Wards Act on the ground of her moving out of agreement about child custody and visitation. By the way which Family Court in Delhi?

 

Sir thanks for your reply.

Case is in Tis Hazari Court.

When i asked my lawyer can court issue NBW he said it is civil case court will not issue NBW. 

Moreover you cannot file custody case because you mutually gave custody to her.

Please reply is he correct ? How can court issue NBW in civil case?

 
Reply   
 

Dear Sumit,

Consider moving an Application of Habeas corpus in Delhi High Court if the wife is avoiding summons. These days the jurisdiction of High court is also used to settle the disputes of this nature.

Adv. Nitish Banka

9891549997

 
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Advocate

The other party has ran away with your son and not allowing you even the ordered visitation and your stupid lawyer telling you cannot seek the custody of the child as there was an agreement. Change your lawyer.

The custody order cannot be permanent by any means and with change of circumstance it can be altered, tell this to your stupid lawyer. What if your ex-wife dies, who will have your son's custody in that case, will the son also go with your wife as you had agreed for it? This what the standard of Tis Hazari lawyers.

You can always seek fresh order for child custody from court if the previous order was disobeyed by the other party.

As far filing Writ of Habeas Corpus in Delhi High Court that can be another option for you but here again the very first question put by the bench hearing the Writ Petition why the custody not claimed from the district court before coming to High Court. Yes you can always tell about the wife absconding with your son and Delhi Police being made first party in Writ will be directed to produce the child in the court if the Writ gets admitted.

As far issuing arrest warrant in Civil Case is concerned that is very much possible if you file Criminal Contempt against your wife, who has by disobeying the agreement which became part of court order and purposely avoiding appearance in court.

 
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Lawyer in Hyderabad.wats app no.9989324294

File a petition in family court.  a father may pursue child visitation or other custodyrights.

 
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You took a bad step by giving her MCD with custody. Most mothers don't obey visitation agreements. You should give custody only when the child reaches about 13-14 years of age. Till then develop bonding with your son and after that you don't need her to show you the child. That should be the strategy. Anyways not all is lost. I agree with your lawyer. NBW might not be issued for this case since its a civil contempt and that too by mother. Also, even if you file guardians and wards petition it's useless if she contests because you'll not win as you already gave her custody in MCD. But i also agree with mr. Mahajan. Your first task is to LOCATE her. Take help of private detectives and if necessary the help of police and also file habeas corpus if needed. In the meantime follow the guidelines of Mr. Mahajan and others by filing contempt, custody etc. The rat will then come out of the hole!! Good luck. Keep us posted with updates. We are here to help you.
 
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Marketing Manager

file a missing complain at police station wait for 15 -20 days ...  if the child is stil not traceable then file habeas corpus petition at high court...

thereafter, you can also file for shift of child custody to you due to change in circumstances and non compliance of consent terms

 
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