Contempt of high court order in child custody
shahid hussain
(Querist) 13 June 2015
This query is : Resolved
HI
First of all i am very much thankful to all members of the forum for always guiding correctly for naive persons like me about law and court process.
My sister got custody of her minor son from trial court and even high court confirmed the order with a direction that she should give temporary custody of the minor son for 15 days in summer vacation to her husband. She complied the order by giving the son to him,but her husband did not return the minor son even after expiry of 15 days.His phone is also switched off.
Now the school has started and his whereabouts anything we don't know, because there is lock on his known address.
when we contacted our counsel he said u can not file contempt of court, only u have to give police complaint.But when we went to police station they said unless there is a direction from court we cant do anything as it is a civil matter.
Now what to do kindly suggest,it is a matter of Hyderabad High court.I apologies for lengthy query.
Thanks
Dr J C Vashista
(Expert) 15 June 2015
The police cannot act on your complaint but it would be a bonafide attempt on your part to takeover the custody of minor after completion of 15 days (as permitted by the Court) before filing contempt petition before the High Court.
