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hariharann   14 June 2015

Child short term custody while divorce in progress

Dear Experts,

I have filed a divorce case against my cruel wife under the grounds of cruelty, I have 2 kids, As a interim maintenance I agreed to give 10k monthly to my wife and will take care of all educational and medical expenses of my kids and got the visitation order to visit my kids for 1 hour on sunday evening every week.  My wife is not following the time properly and she didn't bring 2nd kid last time.  I have filed another I.A requesting the court to provide weekend custody of my 3 year old kid and to increase the 1 hour visitation timings to 2 hour for my 3 months baby.  I am submitting my self as party in person.  I need your views on my I.A request and also any suitable recent citations which I can refer while presenting to judge. Kindly suggest some suitable ways. thanks in advance.


Thanks, Shakthi


 1 Replies

Dr J C Vashista (Advocate)     15 June 2015

You need not file any judgment/citation, just move the court with specific directions to respondent (wife) and bring the fact to the notice of the court that she (your wife) is not adhering to court directions.

Even an application for contempt of court can be moved, if you can prove that she has intentionally and deliberatly disobeyed the order/directions issued by the Court.

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