Law of injuction
Alpesh Makkampara
(Querist) 29 February 2016
This query is : Resolved
I have applied for child custody under GWA with interim application.I am a father. In interim application judge passed order that pick child from opposite party home 10:00AM to 02:00PM of last Sunday of every month. And after that opposite party had filed objection and judged had refused objection. After we had gone to take my child as per order but opposite party was not present with child.I had also called child help line and informed them same.I had invoked child help line officer by saying that my in-laws had locked my child in home and they are not at home. And my child is crying.They(child help line) will report within two days.My queries are as below.
1>Can this be considered as contempt of court?
2>Can law of injunction be applied?
3>Can i ask for cost from opposite party through court?
Kindly advice accordingly.
Thanks in advance.
P. Venu
(Expert) 01 March 2016
What is your Lawyer's suggestion?
V R SHROFF
(Expert) 01 March 2016
IT SEEMS YOU MADE FALSE ALLEGATION OF CHILD LOCKED.
REMAIN CLEAN HAND AND FIGHT.
ASK COURT TO CHANGE VENUE TO COURT PREMISES, INSTEAD OF PICK UP, DUE TO RESISTANCE/ NON CO-OPERATION.
Adv. Yogen Kakade
(Expert) 01 March 2016
If the child was locked in the premises alone and the child was crying.. and you are thinking about asking for the cost?? forget about contempt of the court and think about the child.. file a case against the persons in custody.
Rajendra K Goyal
(Expert) 01 March 2016
File contempt if you have proof of all you mentioned.
Prey court to change venue.
