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Ravindra Malve (Data Recovery Expert)     11 May 2013

Custody order denial by wife,execution petition or contempt?

Dear Friends ,

As per previous judgement of District court Jalgaon,I got right to have 20 days temporary custody during Summer vacations (from 6th may to 25th may.But as per the given date my wife neither presented herself ,nor the child and also not messaged about any clarification.It shows her possessive nature.So I filed an application to suggest court to have proper action over this.This is happening in between the custody period means days are getting wasted.my application was pending before court for 2-3 days after that I suggested the court to take action,court gave me 2 choices either file for Execution pet. or contempt.My Answer was first have the access of a child hence I replied for execution.

In next 2-3 days court ordered me to separately file applications mentioning addresses of both parties,prayer,request to the court to run proceeding in vacations.I did ityesterday court issued the notices to her which I delivered by hand with the help of humdas.During that meet at their home I observed child he has been kept in locked door jus like cage,and when I called him he responded with lovely smile.He was seeing completely o.k. not ill .Notice is served.She is ordered to present herself on 15th.

now my questions are,

She was absent on said date and did not clarified till date,was not these sufficient for issuing warrant in stead of notices.because compliance report of authority in front of whom the child has to be handed over has allready given its report.?

What are the inherent powers of court in these circumstances?

If the court knows that she is deliberately delaying the days ,because she is not interested in handing over the child.Why court again want to hear from her about explaination?isn't this wastage of precious time?

Instead of co-operating court is saying about technicalities to delay the case.He is giving her ample time to apply her tactics.

I am keen on having the custody of child.please guide me.



Learning

 6 Replies

Ravindra Malve (Data Recovery Expert)     11 May 2013

I wonder No one has answered my query.It seems scarcity of people with good professional knoledge in this forum.

Adv Archana Deshmukh (Practicing Advocate)     11 May 2013

In case of an execution petition, the court has to issue notice to the other party first and cannot issue a warrant straightway. The court has to follow the procedures of law and cannot bypass it to please you. In your anxiety to meet the child you are making unnecessary allegations upon the courts and others. If you feel that your wife is doing this deliberately then, instead of filing other applications you could have filed contempt petition and execution simultaneously.

Have a Heart Foundation (Sales & Mktng)     11 May 2013

First and foremost.. your query was answered earlier and you did not pay attention to the advise given as below....

 

Send  Notices to Your Wife to Comply with the  Court Order to hand over the child for access.

Collect sufficient evidence for not getting the access... If the access is still not given for more then 3-4 occasions 

File a Separate Contempt Petition 

 

 

Prayers in Contempt

1. The Petitioner therefore most humbly prays that:

A. That the respondent be committed to civil prison for a period of six months or for such other period as this Hon’ble Court may deem fit and the respondent be further imposed a fine to be quantified by this Hon’ble court.

OR

In the alternative Custody of the Child be immediately shifted to the petitioner for the gross, deliberate and willful contempt.

 

B. Right to Cross examining of the Respondent be forfeited/struck off.

 

C. The respondent be directed to serve at least 5 hrs a day of community service for 3 days at any orphanage / old age home / Government Hospital.

 

D. Access denied / deprived be compensated within a time frame of 10 days.


E. Grant any other relief or reliefs that this Hon’ble court may deem fit and proper under the circumstances

Have a Heart Foundation (Sales & Mktng)     11 May 2013

There is no scarcity of advisers but surely there is scarcity of the people  who actually act on the advise given... 

you can still file for contempt for the access that are not given...

You could have filed both.. contempt petition along with the execution petition to enforce court  orders..

Courts do act provided you have made proper application and have argued precisely...

file for contempt and execution of court orders...

take the matter on board for urgent hearing or take short dates.. and request court to pass orders on your application..

serve her the petition with a Notice in advance and also ask her to serve you her reply in advance before the court date.. so that you can directly argue the matter on your next date... 

Ravindra Malve (Data Recovery Expert)     12 May 2013

I have already filed EXECUTION PETITION.

Lower Court issued Notice and it is served with urgency to her , now court asked her to present herself on 15th.

My top priority is to have custody of child first.I am going for filing contempt petition afterwards.

Can I file contempt immediately simultaneous to the execution petition please reply.

Appeal in Bombay HC is pending which I am fighting being Party in Person is  reserved for final order.Can I file contempt  in High court ?which would be beneficial ? Bombay HC has reserved appeal order over same case but refused to accept any paper now.I find compliance report of lower court and execution petition can be very beneficial to the appeal.What should I do to plead for the happenings and requesting for papers?Please guide me.

Have a Heart Foundation (Sales & Mktng)     12 May 2013

you need to hire a good advocate... else you are likely to spoil your case at HC as well as lower court... 

contempt is to be filed at lower court as the order was of lower court...

since you have filed execution .. u also need to file separate contempt petition.. asap.. delay will dilute the issue..  u cud hv filed both on same date.. u can file contempt on 15th... 


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