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Rah   02 July 2025

Contempt & enforcement of visitation orders in cases of parental alienation

Hello members,

I’m currently involved in a guardianship/visitation case and am seeking guidance on enforcing court-ordered visitation, particularly in a situation involving malicious parental alienation. I have a few specific questions:

1. Can a Family Court initiate contempt proceedings for disobedience of its own orders, or must contempt be filed in the High Court under the Contempt of Courts Act?

2. In cases where one parent engages in parental alienation—for example, influencing the child to refuse visitation or emotionally distancing the child from the other parent—can this be treated as contempt of court if it results in violation of visitation orders?

3. If the other parent files false allegations under CPC Section 151 to get the visitation orders withdrawn, with the intent of obstructing implementation, can this be considered contempt?

4. Procedurally, is it better to:

File a separate contempt petition, or

File it as an interim application in the ongoing guardianship case under the Contempt of Courts Act?

5. In such matters, which forum is better to approach for contempt enforcement — Family Court or High Court?

6. If I don’t want to file a contempt petition, and also wish to avoid police involvement (as the issue involves psychological manipulation, not direct denial of access), what other court-based steps can I take to ensure strict compliance with the visitation orders?



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     03 July 2025

  1. A contempt of court petition can be filed in the same court where the alleged contempt occurred.
  2. If the child is not willing to meet the other parent then it cannot be considered as an act of contempt.
  3.  The other parent cannot file a petition under section 151 cpc for withdrawal of the visitation rights but can prefer an appeal against the said orders.
  4.  Contmpt of court petition  
  5. A contempt of court petition can be filed in the same court where the alleged contempt occurred.
  6. You can decide based on the prevailing situation.
  7.  
1 Like

Dr. J C Vashista (Advocate )     03 July 2025

Answer to your questions is:

Q1. Can a Family Court initiate contempt proceedings for disobedience of its own orders, or must contempt be filed in the High Court under the Contempt of Courts Act? 

A Yes, same court.

Q2. In cases where one parent engages in parental alienation—for example, influencing the child to refuse visitation or emotionally distancing the child from the other parent—can this be treated as contempt of court if it results in violation of visitation orders?

Ans: Generally same situation is created by the parent having custody of the child, which is not termed as "contempt"

Q3. If the other parent files false allegations under CPC Section 151 to get the visitation orders withdrawn, with the intent of obstructing implementation, can this be considered contempt?

Ans. No, it is not covered under the term "contempt", the non-applicant has to contest such an application, if filed.

Q4. Procedurally, is it better to: File a separate contempt petition, or File it as an interim application in the ongoing guardianship case under the Contempt of Courts Act?

Ans: Interim application with relevant documents.

Q5. In such matters, which forum is better to approach for contempt enforcement — Family Court or High Court?

Ans. Family Court

Q6. If I don’t want to file a contempt petition, and also wish to avoid police involvement (as the issue involves psychological manipulation, not direct denial of access), what other court-based steps can I take to ensure strict compliance with the visitation orders?
Ans. No straight jacket formula / law on the subject.

 

1 Like

Rah   03 July 2025

If i am unable to comply with the court's visitation orders because the children, due to severe parental alienation by the mother, are misbehaving and refusing to meet me, does this still amount to contempt of court, even though their behavior is a result of her manipulation?

I have already  application for psychological counselling is pending for the children. However, the other parent is now filing false allegations under 151 cpc and seeking withdrawal of visitation orders, which appears to be deliberately intended to delay or obstruct the court’s hearing on my counselling application. Is this filing of withdrawal of visitation through cpc 151 procedurally correct? If not is there is any case laws to rely for objecting to this application. 

T. Kalaiselvan, Advocate (Advocate)     03 July 2025

You have been clearly opined about the queries you raised, not satisfied with them, you are repeating the same queries for which no fresh opinions can be rendered.

R.K Nanda (Advocate)     03 July 2025

Take help of local lawyer. 

Dr. J C Vashista (Advocate )     03 July 2025

Seek professional services of a local prudent lawyer.


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