Child custody
Tabassum Naaz
(Querist) 05 February 2014
This query is : Resolved
I am a mother of a four years old child(Boy) who had been taken away by my husband. An order was passed last year about six months back to hand over the child to me(mother) within 30 days but till date it's not been followed by my husband who lives in a different state. what is the procedure of getting the order executed? He is not ready to hand over the child to me. I filed this case in the family court at the place where i reside with my parents, whereas he resides in different state.Plz advice...
Devajyoti Barman
(Expert) 05 February 2014
File a contempt petition in the high court.
The high court would be of the same state wherein you got the custodial order.
Act fast.
Tabassum Naaz
(Querist) 05 February 2014
Dear Sir, also would like to inform you that today my advocate filed a petition for the direction to be issued by the principle court of my state to the family court of my husbands state for getting the order executed and to recover the child from my husband. Is it a correct and a fast procedure or i should move to the high court? Plz advice...
Devajyoti Barman
(Expert) 05 February 2014
Well this procedure is time consuming and not so effective as the trial court hardly takes a very hard stance to execute its own order.
I would advise you to go to high court only.
Rajendra K Goyal
(Expert) 05 February 2014
Agree with the expert Devajyoti Barman ji. Moving HC would give faster results.
Tabassum Naaz
(Querist) 05 February 2014
Dear Devajyoti Barman ji, thank you for your valuable advice also request you to let me know if i can straight away move to the Supreme Court for the EXECUTION of the same order that was passed last year for the custody of my child(in my favour)Will it be considered there. Plz advice....
S.QAISAR ALI ADV.
(Expert) 06 February 2014
first you should to move to high court for contempt of court proceeding .this may give you a fast and immediate relief as granted by the lower court.
T. Kalaiselvan, Advocate
(Expert) 07 February 2014
Better consult your lawyer who is in the full knowledge of the case from the beginning and has been taking care of the proceedings at all levels, contempt of court is also a good opinion, but see what is practicable.
malipeddi jaggarao
(Expert) 07 February 2014
Why are you entertaining the idea of going to Supreme Court? Your problem will be solved in the High Court.
