Child visitation order alteration

Que 1: What you / your side plead before ASJ that ASJ didnot find it fit to change the trial Court’s passed visitation PO? State them here !

Observation:

S. 25 cannot be used unless you tell that you complied with the visitation Order and inference non-compliance.

The visitation Order is perfect and can be complied by you.

For my recall how old is child?

we didn't plead the ASJ to modify the order while challenging the appeal filed by wife.

ASJ even igonred the facts mentioned in my say about the false information and affidavit filed by wife and got the ex parte stay order on child visitation. ASJ didn't accept my 340 Crpc application as according to him the case is disposed off.

Child is 4 years old.

He he (means interesting discussion)

Two quick questions to push the envelop on this discussion further;

Que. 1: At the time of passing of the Order didnot he (@ Pun / his pleader) knew the Order cannot be executed?

Que. 2: Has he Executed the order via his one message above?

correcting my answer to Que 1. the answer is No. 

I thought you are considering that order is not executable after reading the part of this order and telling me the same instead of asking.

but even in her reply she mentioned

"I am applying to the police for security arrangement as per the order and if such arrangement is not made you have to meet child at the residence only"

so she also is not following the order becuase as per the order the question of going out with child will arise  only "if the child is willing" then only the question comes for security and convenience. and who is responsible to arrange this security and convenience if child is willing to go out with father.

1. The Order is Executable.

2. Who provides ‘security’ to a child? The answer is both or either of the parent and not third party in reference to this case. Here “only if 4 yrs. Old says yes like to go out” then reference to context “custodial mother” should go with child “providing the child security” as her responsibility due to Court Order. She is not supposed to have contacted and replied back via evidence proof (email) that police is not providing security etc which she erred doing. Here she erred when Order does not talk of reporting to police (beat constable herein) so why the hell she approaches police. It is in your favour for future agistation in appropriate forum not now.

2.1 Also note the visitation Order under DV falls under interim PO (protection order). It is always served through protection official and a copy finds in file of designated Courts designated protection officer’s file.  A PO (protection order) protection to aggrieved person responsibility wise falls under protection official responsibilities which are delegated in each PS jurisdiction under which concerned Chair of the Court sits upon. You have to find out the ASJ Chair has jurisdiction of which all PS where ordinary residence of Child is. Has your wife approached ‘a designated’ Protection Officer in ordinary residence of Child and not to a “duty officer” of her local PS as both are different as per DV Act interpretation read with CrPC. If she simply talked to a duty officer and duty officer said what he has to say to her and same she conveyed via email then the thing which is seen in future arguments is; did respondent had approval of child to take child out first of all? If yes, then did custodial mother holding power of an PO (protection order) under DV case spoken then and there while respondent was present to a designate PO (protection official). If no, then only contempt or alternation in this modified visitation Order picture arise and not before as is the facts interpreted.   

3. Flip above para, when you have in hand her email then on date of visitation did you “comply” letter and spirit of Order?. The Order starts reading it down as “visitation where child lives”. Did you visit the child? NO. Then Order further reads down as “during visitation if child agrees to be taken out security and convenience to be provided”. Have you asked child to go out after first meeting the child? NO. In my reading you, you are doing PhD sitting at a desk on this Order and do bluntly correct me if I am wrong and you have not even met the child based on this Order.

4. Then it means both of you are doing PhD on an Order and trying to settle scores; first she approaching ASJ for dismissing the previous Order. Seeing both of you shout at Bar ASJ did not dismiss as interim PO was disposed by an explicit Order and once interim PO is disposed there is no mechanism available at ASJ Court to dismiss it. ASJ court has only power to modify and not quash (dismiss). ASJ exactly followed procedures. He modified and changed “place of meeting / visitation” and while ASJ was made aware age of child (4 years) immediate “security and convenience” provision (as Order safety clause least HC reprimnds him later) he applied in the modified Order knowing well in disputed child custody cases (be it under DV or GWA or HMA) it is natural parents who are first in line for providing safety, security, convenience and well being for a child and not beat Constable / NGO / CC / LC / Neighborly Aunties / Local Panchayat etc., who should provide “security and convenience” to a child, it is modified when non-complience with evidence is brought to a Court notice and not on first Order itself such assistance is taken from a Court, I mean donot make Court so powerless in starting shot itself that without thes epeople assistance I will not go and meet my own child.   

5. Now what does ASJ expects out of his modified Order?. Execution and following of instructions there by both parties in letter and spirit. She did her summary part when you provoked her by sendign FIRST an email (I fail to understand why you sent that email about your royal arrival to her doorstep, I want to know did the Order told you to contact wife for this order purposes,  if she wants she can take you to Court just on this ground as she is holding the PO not you, she can build up stories that you called from PCO and threatened what will be your defence NIL so donto do extra smart things when Order does not entitle you to do). Now what you are bound down to do is “first go there, play with child, get child used to your face and body language’ then (on any other occasion) seek child nod agreeing to go to next door park / temple / mall / monument (which all should be within 7 kms. radius and not beyond) and when he agrees to go holding your hand child mother should provide her physical “security” so that child is “convenience of eatables, drinks, visit to loo, shade from sun/wind/rain etc.” These are import out of the 3 line modified Order.

6. Here your worry is bigger than Mount Everest is that mother will stab you once you ring the bell or fight with you once you put your bum in her drawing room. I bet she will not do any of these as she has leaked her onus by way of email reply which is very accommodating and she knows your fears and thus is psyching you. All now that you should do even if this visitation is for one day and not for other many occasions. – compliance i.e. showing your face, body language acting like monkey papa to a 4 years old and donot expect under present litigation situations r/w child already in custody of mother that a 4 yrs. old will jump on your back the moment you ring door bell and pester you to take h/er to an pop and child adventure park.

My reply is straight needs calm re-reading but this perfect modified Order given for 4 years old child visitation by an ASJ when two adult parent are fighting in court is Executable one and doable provided normal expectations is built up by father to Comply the same setting aside during visitations all her allegations / counter allegations / 200 cases between you two etc. etc. let her talk to you in her drawing room, let your MIL show  you chilli filled eyes in her house. You just go there and meet the child. If you fear then spend ages in Court on S. 25 DV / S. 340 / HC / SC the limit is endless.

Now what you have to say as your comment to all the above? You know I have thick skin so speak up and with me you need not have to use polite words while rebutting on my replies. I can handle all such love and affection of queriest.

Also if you are not convinced after 5 readings of above paras then tell me, I will give you sequential paras to do when going to meet child but before that I want to know why above paras are wrong as per  your understanding? I am not interested about S. 340 / false affidavits etc. which is your sightseeing idea not mine when child visitation is cause title.
----------------------------------------------------------------------------------------------------
Ok read your reply.

1. Now what you want; Contempt of Court Order OR Modification?

Contempt is waste of time based on emerging facts and nature of peculiar litigants pillared on minor child whose rights are continuous till attaining majority and can never be permanent.

Modification is better option and has to be very specific prayed (minus emotional lime soda you mentions here) to such an extent that result you get is somewhat similar to below;

"on each visitation dates respondent will report to duty officer at PS and 'designated PO in PS jurisdiction (female in civil cloths) will accompany respondent to aggrieved persons home from 10 - 6 PM and ensures smooth child visitation including assisting taking of child out to nearby mall / temple / park / cinema and may submit visitation report to trial Court. The cost of PO accompanying / escorting respondent which is voluntarily prayed by respondent (Rs. 200) per visit is allowed, no receipt will be insisted by respondent to such payments when voluntarily met. Natural mother may accompany the child on outings but will maintain keeping visual distance and not hearing distance and respondent assures this Court that he has no such objections if mother accompanies the child including arranging for her conveyance. The respondent gives an undertaking to this Court that the child shall not be taken for outing more than 7 kms. out of his ordinary residence jurisdiction. Packed eatables and gifts to child of parties are allowed. Since the mother objects and shows apprehensions the grandparents visits are disallowed to such visitation / meetings." 

Now built around modification of ‘just’ order more or less as above fine prints.

I now close interacting with you on this thread post.

I agree with point no 2.

Pont no. 3   -  I visit my son as per the day given in order.  as she already mentioned in mail that she will not allow me without police security..I approached the local police personally and the police officer sent one policemen unofficially with me to have a meeting with son for 1 to 2 hours..eventhough according the orders i am entitled to meet my son from 10 am to 6 pm. and when i meet my son he was literally crying to go with me not for outing only but he was crying with saying that "mujhe aapke ghar jaana hai yahan nahi rehna hai". but i was helpless.

my worry regarding the false complaints against me if i go alone to her home is very much true..she is already frustrated with litigations as even the DV case is not in her favor and she is just trying to find a chance to make pressure on me.