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Bechara Pati (Propritor)     05 December 2013

Contempt of court

Hi My wife file for divorce in 2009 for mutually consten & order pass for my visitaion right & child will be with her till next order . I got visitaion once a month for 2hr for my son of 12yrs age now.

She did't come to court & case was dismiss in 2012. My wife did't allow me to meet my son & they move to another state also.

We file contempt on Jan 2013 for 10 day custudy,  i succeed to meet with my son for 4hrs for 5 day's.

After that her lawyer said infront of court that my son did't want to meet me.

Court ask to present my son infront of court her lawyer on every date promise to bring the child on next date.

Now 6 dates passes like this only. They did't give me my son's cell number.

My question is.

1. why not court pass any order for my next visitation in my favour.

2. Is there any meaning for contempt of court.

3. If my son ask infront of court that he did't want to meet me is there any option for me in near future to stay in touch with him.

4. In future can i ask for his custody in court. we are filling for custody under guardian & ward act on next date.

can i ask for something else to be in touch with my son.

Thanks .. please advice me



Learning

 1 Replies

Adv. Chandrasekhar (Advocate)     05 December 2013

It is good you are filing a case under GWA and hope you get favourable order.  In response to earlier part of your querry, your querry is itself not clear.  If she has continuously violated the court's orders, and the son was not brought before the court from Feb. till date, why the court is allowing her contemptuous act.  If the court is not passing meaningful order on the date of hearing stamping the emotional feelings of the father, the appropriate course of action is to approach the higher court for giving solace to your lacerated heart.  Yes, you are correct.  In India, contempt petitionns are not dealt in the same severity with which they should be dealt and in that process courts become the joker houses giving latitude to the recalcitrant parties.  The hapless middle class people having no muscle power but unmitigating faith towards judiciary are put down by the judiciary due to their lackadaisical attitude.  Insist the court to take some meaningful action against the errant exwife so that fear of law will be put in the people who violate law nonchalantly.  You should do it not just by oral request but by moving appropriate application wherein you must mention datewise orders since the filing of contempt petition obliquely showing the court's laxity also and which may be helpful for you if the matter goes to higher courts.


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