evidences for comtempt of court filing in child custody

"What must I do in case my wife do not cooperate and brain wash the son to  cry whenever I try taking him?"

Be obliged to the cry of your son. 

Can a wife  be forced to co-habit with husband? vide a RCR decree? (which is why it is called a paper decree) even if she is unwilling and even if RCR decree is passed in husband's favour.

Answer is a clear ...... NO

In the same manner, the above order is also a paper decree, It just gives a daily visitation right with added obligation on you!! 

I am really surprised by the Court's decision (trial court in the first place as well as HC frankly)

If wife refuses to send kid to you, it is not a contempt of court! as my frank opinion.

If you want to litigate further there would not any derth of suggesions and your lawyer would also oblige to your demands to litigate further ...

so your lawyer may just do what you want him/her to do and may file as many types of contempt arising out of thiis scenario.

But will it help you? Its You to decide.

By the way, What category of writ was filed by your wife? What is the wording in the writ filed by wife?

 Had your wife filed the writ of habeas corpus  to set aside the custody order?

If the Writ Order says that "in evening I will drop him back to her mother's house" It is deemed as wife's plea allowed and previous order set aside ......... but it needs also say it explicitly.

@ Author

1. You have to make an Application to Principal of school annexing HC Order which is for 6 months for compliance and seek written answer from school principal in 7 days time.


2. Since your wife is employed in same school chances are that school will not give any written reply but will verbally tell you social cock and bull gyan.


3. File and Urgency hearing application before HC (assuming the challenge matter of wife is still not disposed but as interim relief you got this school visitation Order is my observation) with single prayer to direct school authorities for compliance since handing over is at school gate!.


4. Now once you have this specific direction and school refuses to comply then only Contempt of Court comes into picture because three ingredients in civil contempt has to be shown; prime facie, willfulness and balance of convenience read with irreparable loss. Here willfulness is the important ingredient and mother of child is under school authorities terms of employment read with child of parties in same school such as mother first of all and school administrative function is different obliging wise to present lollipop HC order you have in hand. Further handing over at school gate comes under school administration executive decisions irrespective mother of ward is one of the school teacher and child also in same school as mother so school is to be directed to comply handing over is the view which is major hurdle in your presented scenarios which you donot have specific order thereto.


I do not wish to comment on vague RCR vis-a-vis child visitation interim Order bald comparison opinions of other ld. writer(s) as both are treated on different footings.