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(Guest)

Child visitation - getting humiliated repeatedly

Dear Experts,

Mine RCR (genuine case) and Visitation Rights (filed before 2 years). My daughter is 8 years old and praying for visitation rights for her.

On last hearing Oct 7th , I appeared , my wife did not appear , but her advocate appeared ,where I mentioned Judge that it is almost 2 years I am yet to see my child , along with all proof of her education expenses paid etc. and photos showing she is affectionate to me). Judge convinced then ordered her advocate that "Child Visitation cannot be delayed for so long and warned that my wife along with my child appear to the court on Oct 11th , else she will pass on the orders"

On Oct 11 , I went , and neither my wife , nor my child , nor her advocate appeared and she asked me in morning whether they came , I said "no". She then did a pass-over and called me to her chamber at 3:00 PM and asked me whether they came ..I said "no" ...She then said "Still she cannot pass any orders and told she cannot listen or see any proofs or anything I have" and would wait for her to come before making any orders and gave a date for Nov 15th.

Question 1 - Is it not a "Contempt of Court" where Judge's words are not been respected , but still judge allowing this to happen for a basic right of "Child Visitation Rights"? 

Question 2 - Is there any way where I can "Expedite the Proceedings on Child Visitation Rights" through memo or petition;

Note - I do not have an advocate so any advice would be of great help to me.

Thanks for your support.



 2 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     12 October 2014

Dear,

 

Yes its a contempt of the petition and you can file petition before Hon'ble High Court for the same.

 

Adv Kapil Chandna

9899011450

Saurabh..V (Law Consultant)     13 October 2014

@Querist

 

A court which itself is passing orders and same orders are not being fulfilled then it is first for that court to decide contempt of court. Appeal in this manner would not be maintenable.

 

I advice you file a petition in High Court to expedite this case. Wait for 15th Nov and even then if you see no ray of hope, then do not hesitate to knock the door of HC for justice.

 

All the best!

 

//peace

/Saurabh..V


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