Child custody

Querist : Anonymous (Querist) 27 January 2025 This query is : Resolved
Sir,
I have filed child custody case u/s 12, 25 of G & W Act for my son against my ex-wife. I had filed an interlocutory application praying education from reputed school at my cost. The court passed order for visitation & education from reputed school. I am paying school fees for the school.

Thereafter OP did not complying the court's order and she didn't allow me to visitation regularly and refused to sending my son to school as specifically decided by court. She is sending my son to free local school.

Finding no alternative, I approach before the Court for compliance of order passed. OP has impose a condition that if maintenance @XXXX is paid then only she send my son to reputed school. Earlier in written affidavit she had said that she is from very affluent family and her new husband is billionarie.
1) Can ex-wife file any such application wherein she keep her condition for getting maintenance?
2) As per my little knowledge there is no provision in G & W Act for claiming maintenance. Can court pass order of maintenance in custody case ?
3) Can I pray application for modification of temporary

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Querist : Anonymous (Querist) 27 January 2025
3. Can I pray application for modification of temporary custody order to get custody ?

T. Kalaiselvan, Advocate (Expert) 27 January 2025
Since she has filed a petition expressing her conditions to comply with the court orders, this becomes a substantial evidence to prove that she has disobeyed the court order, hence you can file a contempt of court case against her for this reason.
Besides her demand for maintenance for child in this case is not maintainable

T. Kalaiselvan, Advocate (Expert) 27 January 2025
Since she has not obeyed the court order towrds visitation rights you can file a petition to modify the visitation rights to temporary custody also
As the matter is pending before court you can discuss at length with your advocate and proceed as advised

Dr. J C Vashista (Expert) 29 January 2025
Besides filing an execution you should also file a contempt of court petition against your ex-wife for wilful disobedience of orders passed by the court which would be beneficial in rejecting her application for additional amount of alimony.
However, your lawyer is the best person to advise you properly as s/he is well aware about facts and circumstances of the case and an able, competent and intelligent enough to proceed as required.

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