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husbandinneed   23 September 2015

Custody of my child

Hi All,

Recently i got the custody of my childrens with court order, but my wife is not following the court order and not giving me the custody.

What are my options that i have with me?

Shall i use the contempt of court and go to high court? 

And at the same time use the "Order 39 Rule 2A" witj section 151 of CPC?


Please suggest, i'm really in pain to see this happening

 2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     23 September 2015

The question is unclear. It is not clear as to whether the custody has been granted to you as an interim order or as a final decree.

In case its an interim order then yes go for 39 (2a). If a final order, initiate execution proceedings

husbandinneed   23 September 2015

Dear Augustine,

Yes, the custody has been granted to me as an interim order and it has been breached since the very first day of the order (or shall i say never followd as court directive)

Question on the "Order 39 Rule 2A" i tried to search and no court has ever dismissed the original petition or taken any strong objection for not following the court order. 

How much will that help? and if you have any citations to support the 39 rule 2A to give to me, i'll be really thankful.


Sorry to ask same question again,

If i go to high court and plead under "Contempt of court" and ask for max punishment (30 days inprisonment) i'm not sure how much will i get out of it, but shall i go ahead with that? 

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