Disobey of court order of joint custody
Shujjat Ali A Khan
(Querist) 05 March 2011
This query is : Resolved
Hi,
My name is Shujjat and am from Mumbai.
I had a divorce in 2008. Me and my wife setled the case with a joint custody of my child Sami who is now 7 yrs and 9 months old with the physical custody with my wife as he was a minor then in 2008. I had access on alternate weekeneds from Friday eve till Sunday eve to pick and drop him from his soc address along with halfof all school vacations and muslim religious festivals only. Till mid 2010 things seemed ok with not much challenges in meeting my child as soon after divorce my wife said that she wants to come back and tat she is starting her own nursery and i need to help her. I did everything for her right from investing time and money in setting up her place. Once it was done she denied coming back. Till Aug' 10 things semed ok with not much challenges to met my son hwever there were a lot of times i had to lie low but suddenly she got married to another muslim without her moms consent in March' 10. Since then i was having difficulties getting access as according to her mom her hubby does not want it. She has stopped talking directly with me and all correspondence happens through her mom. In between she changed her residence and also changed her cell number without informing me but i some how managedto track her new residence. Now since late Aug' 10 i am not allowed to meet the child at all till date. I did try to speak with her and i took local police asssitance to intervene to avoid any false allegations as i went to talk to hwer at her new rental residence. She denied speaking to me and told the constable to ask me to file a case if i want to meet my child. She also made her hubby visit to the local police station to address our complaint. I know for sure that my son is not atall happy there and she is very well aware about it and so she want to disconect this attachement of my son from me.
I spoke to her mom and she said that she cannot do anything and she would advise not to interfere in their life as his hubby may get you killed or get you locked up in som false criminal case as either his father is in police orthey are not the right type people.
I am not worried about my life but yes am very worriesd for my sonwho is forced to live in a place where he doesn want to be coz he used to keep tellig me that he is very unhappy as these tw keep fighting always and even wen they are out he is made to wait alone in the car as they shop out together and he is very scared that time.
Please advise wat and how should i tackle this and wat alternatives do i have.
Thanks
Tajobsindia
(Expert) 05 March 2011
File Contempt of Court Order in civil Jurisdiction Court where the child is ordinarily residing and pray for restoring consented agreement otherwise grant you the Custody of Child and she may be allowed visitation.
