Ganesh 31 March 2016
Dear Lawyers,
Recently I have filed a GWOP / visiting right case in District Court; it got number and two hearing has completed, since the opponent not filed a response petition & giving simple excuses; could you please advise me, how long the court will permit to submit a response petition.
And opponent giving life treat to me to withdraw the my case and also they are planning to take my daughter to abroad , so please advise me what kind of petition i can submit further
Thank you,
GaneshÂ
ROHIT SHARMA (Legal Advisor ) 31 March 2016
1. File an civil miscellaneou application u/s 151 C.P.C. before the court praying that the other party be restricted to take your child abroad untill the final diposal of your GWOP / visiting rights application.
2. You can also file a written complaint of criminal intimidation at the police station against such other party for giving you threats to your life.
ROHIT SHARMA (Legal Advisor ) 31 March 2016
1. File an civil miscellaneou application u/s 151 C.P.C. before the court praying that the other party be restricted to take your child abroad untill the final diposal of your GWOP / visiting rights application.
2. You can also file a written complaint of criminal intimidation at the police station against such other party for giving you threats to your life.
Ask for further relief
Relief
1) Passport of minor be impounded and kept in custody of Court or officer appointed by court till the end of suit
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You can ask for injunction under urgency clause from preventing other party not to take minor abroad .
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3. Before granting injunction, court to direct notice to opposite party.- The court shall in all cases, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be given to the opposite party: Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant— (a) to deliver to the opposite party, or to send to him by registered post, immediately after the Order granting the injunction has been made, a copy of the application for injunction together with— (i) a copy of the affidavit filed in support of the application; (ii) a copy of the plaint; and (iii) copies of documents on which the applicant relies, and (b) to file, on the day on which such injunction is granted or on the day immediately following that day, an affidavit stating that the copies aforesaid have been so delivered or Sent. |
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Most important thing take steps before they exit India . Once they are out of India . Then nothing can be done practically , Although international treaties are there still all procedure is too complex with two nations law comes in picture etc. which in such cases leads to end of justice.
T. Kalaiselvan, Advocate (Advocate) 09 April 2016
As advised by many lawyers above, it is advisable to follow the suggestions for filing a petition restraining the respondent from taking the child abroad during the pendency of the GW O/petition and direct the respondent to deposit the passport of the minor child before court till the disposal of the said case.
For non-filing of their counter you may put pressure before court to direct them to file the same or to allow you to proceed with the prosecution without their statement/counter to your petition averments
ANAMIKA VICHARE (LAWYER) 17 April 2016
You file one ingterim appliaction in the same petition seeking injunctioin against her restraing herself andor her aents/represebtatives, atkibng the childabroad , take orderand also issue lookout noticeat all airports [possibly where he could fly]
ANAMIKA VICHARE (LAWYER) 17 April 2016
You file one ingterim appliaction in the same petition seeking injunctioin against her restraing herself andor her aents/represebtatives, atkibng the childabroad , take orderand also issue lookout noticeat all airports [possibly where he could fly]
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