My wife not following court order
loksloksloks
(Querist) 14 December 2013
This query is : Resolved
Its more than year now, I have filed a petition for conjugal rights. However my wife is not ready to come she is away from me since 2 plus year.
I have a got an order from court to meet my daughter on sundays however my wife is not allwoing when I went to pick her up. I went to police station to lodge a complain however they didnt take it due to family matter. What to do? Please suggest.
Devajyoti Barman
(Expert) 15 December 2013
To implement the court order to see your child, you can file contempt petition in high court for better result.
For implementation of RCR decree you can aplly for attachment of her property if any.
Another option is to pry for divorce on non implementation of RCR decree.
Dr J C Vashista
(Expert) 15 December 2013
I agree with the expert advise of Mr. Barman
V R SHROFF
(Expert) 15 December 2013
RCR have only one benefit: U can use it to file Divorce Petition, and nothing else.
So I openly say , RCR is USELESS.
Access to child: best remedy is execution decree. ,SO COURT WILL ORDER POLICE ,AND ALSO COMPELL YOUR WIFE FOR VISIT.
HC encourage Father's access to child .
R.K Nanda
(Expert) 15 December 2013
nothing to add more.
ajay sethi
(Expert) 15 December 2013
agree with experts . if wife is not permitting you access to child imnspite of clear court directions take out execution proceedings .
T. Kalaiselvan, Advocate
(Expert) 15 December 2013
Agree with the experts, if the RCR is no honored, the next alternative relief is divorce and the same reason will be the grounds for divorce. As far as visitation rights, you may file an EP seeking police protection/help in case of resistance by your wife side during the visits.
loksloksloks
(Querist) 15 December 2013
Thanks for your replies its really helpful.
Can I do contempt petition at family court itself?
Is execution Decree is different than Contempt Petition?
Can I do execution decree at Family court itself?
Sorry being asking lot of questions, just wanted to clear myself.
V R SHROFF
(Expert) 15 December 2013
Vivek,
Your Advocate shd hv done this, as is a common practice. .
Is execution Decree is different than Contempt Petition?
Ans : YES
& I RECOMMEND ONLY EXEC PROCEEDINGS [Regular Darkhast]
RD
loksloksloks
(Querist) 15 December 2013
Hello Sir,
Really appreciate for your recommendation.
Thanks a lot!
loksloksloks
(Querist) 15 December 2013
Hello Sir,
Really appreciate for your recommendation.
Thanks a lot!
V R SHROFF
(Expert) 15 December 2013
go to my profile and press "Thank " button
Devajyoti Barman
(Expert) 15 December 2013
Execution petition would not yield desired result. Better file contempt petition.
Rajendra K Goyal
(Expert) 15 December 2013
If your wife has not obeyed court orders, may file execution but contempt petition would fetch better result.
Raj Kumar Makkad
(Expert) 15 December 2013
Contempt of Court shall be heard by the same court which passed the decree.
malipeddi jaggarao
(Expert) 16 December 2013
Experts cleared all your doubts. All the best|
