Nit (Learning Law) 25 September 2025

Respondent is not obeying order, which is better to file execution petition or contempt of court?

Three months back, I filed an IA application under section 26 of hindu marriage act 1955 to get visiting rights to see my 1 and half year old son. On August 29th Family court given order to visit my son on every Sunday from 10 AM to 3 PM within in the court premises.

In September month, I went to the court on every Sunday to meet my son, but the problem is respondent is not coming to the court. I will wait until this Sunday i.e.28th of September. If the respondent is not appeared on that day.. Then I'm planning to filing a petition.

Now the question is which is better to file Execution Petition or Contempt of Court Petition? By filing which petition, I will see my son early? Contempt of Court Petition is allowed in family court?

Can you please suggest me which is better approach?

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Quick Summary

If a respondent is not complying with a court order for child visitation, you have two main legal avenues: an Execution Petition or a Contempt of Court Petition. An Execution Petition aims to compel the court to enforce its previous order, while a Contempt Petition seeks to punish the non-compliant party for willful disobedience. While both can be filed simultaneously in the same court that issued the order, filing a Contempt Petition is often considered the more direct route to address deliberate non-compliance and ensure future adherence.

11 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 25 September 2025

You have to file an execution petition.

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T. Kalaiselvan, Advocate (Advocate) 26 September 2025

You can file both a contempt petition and an execution petition together when the other party is not complying with a child visitation order, as these are separate but complementary legal avenues to seek enforcement and punishment for non-compliance with a court decree.

An execution petition forces the court to implement the order, while a contempt petition seeks to punish the person for their willful disobedience of the court's authority.

You must file both petitions in the same court that issued the child visitation order in the first place.

Keep detailed records of every time the other parent has refused to comply with the order, including dates, times, and the specific visit that was denied.

The court will review your petitions and evidence to determine if the non-compliance was willful or if there are other factors involved, such as a change in circumstances that warrants a modification of the order.

If found guilty of contempt, the judge has the power to impose penalties, which can include fines or even jail time, to ensure compliance with the order.

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Dr. J C Vashista (Advocate ) 26 September 2025

Both options are available.

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Nit (Learning Law) 26 September 2025

Thanks for the all the valuable suggestions. I will proceed accordingly...

P. Venu (Advocate) 26 September 2025

In the given facts, contempt petition is the better option.

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Dr. J C Vashista (Advocate ) 27 September 2025

Thanks for understanding.

However, what is the advise of your professor / tutor / guide on the issue ?

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Nit (Learning Law) 29 September 2025

Sir, My advocate suggested me to file Execution Petition.

T. Kalaiselvan, Advocate (Advocate) 29 September 2025

The purpose of an execution petition is to ask a court to enforce a previous decree or order after the losing party (the judgment debtor) fails to comply voluntarily. It is the final stage in civil litigation, where the winner (the decree holder) can compel the court to use its power to enforce the judgment and help them "realize the fruits of the decree"

You may decide further action based on the advises received from here as well as from your own advocate.

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Nit (Learning Law) 30 September 2025

Thank You All .. For your valuable suggestions.. I will proceed with best approach..