Dipen 28 August 2016

Contempt of court in child access by wife

Hi Expert,

My child custody petition is ongoing in family court. Court orders to provide visitation, access and phone conversation facilitation with my child in interim judgment. However, my wife willfully disobedience the order and didn’t cooperate while I try to talk my child over the phone also she didn’t facilitate to grant child visitation despite written purshis order in court three times.

I have submitted chief affidavit in court. I mentioned that my wife has done crime under section 2 (b) of the contempt of court act. I want for such in-human behavior; my wife should be punished under section 2 (b) of the contempt of court act.

1.Do I need to submit separate application for contempt of court or just an additional application under ongoing petition will suffice?

2.What should I do so that my wife should be punished atleast one month jail so that I can get child custody for at least that period?

Please advice.

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4 Replies

adv.bharat @ PUNE (Lawyer) 28 August 2016

Additional application under ongoing petition will be sufficient to serve ur purpose.

(Guest)

Courts don't put mothers in jail for such inhuman nature of obstructing child access. A better way for you to move forward is to:

(a) Move a petition to stall the O.P (divorce proceedings) until she obeys the visitation orders

(b) Ask court to appoint a legal counselor (both have to pay him/her a fee) and ask child to be brought in front of the legal counselor

(c) File a petition under the GW act to gain full custody of the child, given that she is obstructing child access to you, which should work in your favor. Ask that the GWOP be clubbed with you main OP. Out of fear of losing her child to you, she will not obstruct child access for you.

Note that courts rarely give divorce when you have children, so if the OP is dismissed, you can of course take away the child under your guardianship and teach her a lesson at that time.

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husbandinneed 31 October 2016

Similar case happened with me as well, and my wife also denied the child access to me on multiple occasions. I moved three contempt of court applications in the lower court (JMFC) and then a order modification application which was allowed and i got the child access daily.

As per the ld. councils here the GWA petition should be filed if she is denying the child access is the best strategy?

Can we ask that the wife shall not take child outside of jurisdiction without concent from husband? or both parties must take concent from each other?