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Kanniappan (Later)     18 December 2012

Child not produced for visitation

Hi

Myself and mywife seperated for 6 years, cases are on, and i have a son, he is with her, i have visitation right, she is not obeying the court order on production of him at school.

Please do not suggest to put contempt on her in the court, which is Distrct court on her home town, i do not want to put contempt, because, there is no proof for her non production, and her father is lawyer, and judge will favor them. the court is in their native place, and her father worked in the same court chamber.

Is it possible Habeas corpus at High court, so that it can be warning to her, so that in future she can produce him as per order?

 

regards

Mohan



Learning

 3 Replies

stanley (Freedom)     18 December 2012

you dont get everything on a platter as per your wishes . Even if her father is a lawyer it does not mean that he can take the law into his own hands ......... it should not  matter to you , you should file a contempt of court petition and if you are unhappy with an order you can appeal at a higher court . 

1 Like

Chetan Joshi (Advisory/Advocacy)     18 December 2012

You should ideally file a contempt of court...Is it your perception that the judge is going to Act conditionally??

 

 

If this does't work out you should file an appeal in higher court...Habeaus corpus won't work...You can proceed U/S 97 crpc but for that too you will have to deal with the local court....

 

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com

Rahul Kapoor (Legal Enthusiast)     18 December 2012

hello,

tell the judge about the situation and if u have merits in your case then by no menas he will favour other side.


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