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Jay (NA)     03 February 2016

Can I file contempt of courts pleads in ongoing divorce case

Dear Experts,


My divorce case is going on, wife and her family’s are getting exposed in every hearing that they were in intent to misuse the law in the greed of maintenance. Court rejected my wife’s maintenance petition and considered reasonably amount only for the consideration of infant child.


Court ordered in an interim proceeding in my divorce case also to have child access through weekly web-chat video conferencing and visitation in every two month. The facilitation will be with wife’s responsibility. But my wife is not responding to any of my request to have child access through video conferencing since court denied the maintenance to her.


Now, I would like to know,

  1. Shall I file additional petition under section 2 (b) of contempt of courts IN MY ONGOING DIVORCE CASE since wife continuously creating a gap and not responding to any of my request to have child access through video conferencing despite court already ordered for this? I do not want separate petition for this.
  2. Do I need to suffix affidavit and court fee ticket on this additional plead of contempt of courts or it’s not necessary since this additional plead will be part of my divorce case application only?


Please suggest.


 2 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005     03 February 2016

First send legal notice then file contempt of court case.

you have to fix court fee as it is a new case.

Good luck.

Jay (NA)     03 February 2016

Thanks for the suggestion.


Is there any option to submit any additional application in my divorce proceeding itself instead of another separate petition, through which I can present:

  1. That wife is not providing child access as per interim order in divorce proceeding along with all the text messages and call records evidance ?
  2. Mental cruelty to blackmail emotionally by contempt of court by not adhering the interim order given in divorce proceeding?

Please advise.

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