Contempt in gwa visitaiton order
Never Give Up
(Querist) 13 December 2012
This query is : Resolved
Hello Learned members,
Need your expert advise once again.
Court ordered visitation of chid in GWA custody case. Both side lawyer saw the order. On the next date wife does not come at all to court , neither does her lawyer. So no visitation could happen for first time. Would this amount to contempt of court ?
How does family court Judges look upon contempt application in visitation cases under GWA ?
Should we wait for 2-3 defaults then apply for contempt ? In that case how do we ensure that number of time contempt has happened in recorded in the court records ? Can we file purshis in this regard ?
Is execution of petition necessary before filling contempt of court ?
Please suggest.
Thank you.
Raj Kumar Makkad
(Expert) 13 December 2012
You should wait for 2-3 times and you also need to file execution of the order and then file contempt of court. You can obtain certified copy of court order/proceeding of every hearing which shall made things more clear to you.
Courts remain very serious in contempt of court matter even in such matters.
Devajyoti Barman
(Expert) 13 December 2012
Go to the high court for contempt proceeding.
Never Give Up
(Querist) 13 December 2012
Thank you Devajyotiji,
Cant we bring it to notice to Family court judge in order to get some favour in origianl GWA custody suite ?
Can we file contempt of court in same family court ?
Raj Kumar Makkad
(Expert) 13 December 2012
Contempt of court proceeding is liable to be initiated before the same Family Court. There i sno alternate to this legal prvcision.
V R SHROFF
(Expert) 13 December 2012
You have to file Regular Darkhast on the basis of Decree of visiting Rights. , So court will order her to bring child on particular fixed days. If she don't, Police will help you.
Never Give Up
(Querist) 14 December 2012
Thank you Makkad ji, Shroff ji..
Never Give Up
(Querist) 07 February 2013
Hello Experts,
So, far on all dates visitation was defaulted and i have filed contempt petition which was accepted by judge.
What can we do in situation where wife does not come with kid even after filing contempt petition ??
How are contempt petition disposed ?
Please suggest.
ajay sethi
(Expert) 07 February 2013
drawthe attention of court to wilful disobedience of court orders by your wife on next date . court will do the needful
Raj Kumar Makkad
(Expert) 07 February 2013
File a petition under order 21 Rule 32 before the same court seeking execution of order by way of police help.
