LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

T Singh Jeet (None)     02 December 2017

Cntempt petition

Greetings

Guardianship Court allowed my ex-wife visitation rights twice a month, wide order dated March’ 2011.

I applied for the re-issue of passport of minor child as a single parent in March’ 2016. Instead of helping us in getting it, she filed application with the passport office, not to issue the passport to the minor child. As the passport is not re-issued even after more than one and half year, child refused to meet her.

My ex-wife filed an application against me with the Mediation Centre, and parties reached the agreement in the month of February’ 2017, that she will withdraw her application from the passport office and child will meet her after that. (Order dated March’ 2011 modified). She didn’t withdrew her application from passport office till date.

Now she filed Contempt Petition with the Family Court against the Guardianship Court Order Dated March’ 2011 which is modified by the Mediation Centre in February’ 2017 (DOH in January’ 2018).

She didn’t mentioned the Mediation Center modification in the Contempt Petition.

Please provide me information:

1.Is this Contempt petition is maintainable, as the Guardianship order dated March’ 2011 is modified by Mediation Centre on February’ 2017?

2.If not, under which section this Contempt petition is liable to be dismissed.

3.Please provide me, if possible, the draft application to be submitted at the DOH (without Lawer).

4.How much Stamp fee is to be attached along with the application.

Thank you very much



Learning

 4 Replies

Vijay Raj Mahajan (Advocate)     02 December 2017

The Order of the Family Court that could not be followed due to the mistake of the ex-wife, and she cannot be allowed to take advantage of her own wrong. The mediation center agreement between both parties need to be shown to the Family Court that were kept hidden by the wife while filling the Contempt application.

There is no stamp fee to be paid in the reply or written statement of the contempt application and in the reply the complete facts can be mentioned while denying all her false charges that are mentioned for taking action for contempt.

1 Like

T Singh Jeet (None)     02 December 2017

Sir, Thank you very much

Kumar Doab (FIN)     02 December 2017

The court may not be kind on getting to know the attempt to make a pass on court.

Your interest does not seem to be getting affected with ill conceived acts of spouse.

1 Like

T Singh Jeet (None)     02 December 2017

Thank you Mr. Kumar


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query