97crpc
Suraj Kumar
(Querist) 16 August 2014
This query is : Resolved
Sir,
My wife file case under section 97 crpc before SDO, xxxxxxxxx and SDO change the custody of my daughter instantly. I pray before High Court u/s 482 CRPC and High Court pass STAY OF OPERATION of the order against SDO.
In spite of stay order of High Court SDO and my wife refuse to return back my child. Thereafter I pray before the High Court, Calcutta by Contempt Petition and the petition admitted and High Court order to send notice to SDO and my wife. But still they refuse to comply High Court order.
Please let me inform
1. When I will get the custody?
2. What may be outcome of the case?
Devajyoti Barman
(Expert) 17 August 2014
1. Since the contempt proceeding is pending in the high court, ask for necessary order form here. Court can send the erring officials in jail if its order is not complied with.
2. Court may go for middle path and try for an amicable settlement.
R.K Nanda
(Expert) 17 August 2014
consult local lawyer.
ajay sethi
(Expert) 17 August 2014
court will send the SDO to jail if its orders are not complied with . since it is a delicate matter involving custody of child between 2 warring parents court will try to amicably settle the issue
T. Kalaiselvan, Advocate
(Expert) 17 August 2014
The opinions by experts are hereby endorsed. Wait and watch for the reply by SDO to the notice by high court on contempt petition.
Biswanath Roy
(Expert) 18 August 2014
The query significantly interfering with due course of justice so unable to comment.
Raj Kumar Makkad
(Expert) 20 August 2014
I do endorse the wise observation of expert Biswanath Sir.
Suraj Kumar
(Querist) 07 September 2014
Sir,
DRARMATICALLY Contempt Petition rejected by same judge who passed stay order u/s 482 CRPC and in spite of opposite party refuse to comply High Court order. Petitioner advised to file custody petition in lower court by Honorable Judge.
1. Can High Court change its view without assigning any reason?
2. Can there be two different and opposite order from same judge in same case?
3. Wheather lower court change custody when wife claim maintenance for child? If so then what is the % of chance of getting custody of my daughter who is now 5 years old ?
Kindly advise next step.
Raj Kumar Makkad
(Expert) 07 September 2014
1. There may be instances wherein the order is not speaking but definitely view can be changed.
2. Generally not.
3. High Court can definitely change its view and accordingly any order can be passed even in the given case.
