Contempt of court visitation right

1. Under Sections 2 (b), 10 and 12 of Contempt of Court Act, 1971

You can also add these (draft) prayers in your contempt petition

1. The Petitioner therefore most humbly prays that:

A. That the respondent be committed to civil prison for a period of six months or for such other period as this Hon’ble Court may deem fit and the respondent be further imposed a fine to be quantified by this Hon’ble court.

OR

In the alternative Custody of the Child be immediately shifted to the petitioner for the gross, deliberate and willful contempt.

B. Right to Cross examining of the Respondent be forfeited/struck off.

C. The respondent be directed to serve at least 5 hrs a day of community service for 3 days at any orphanage / old age home / Government Hospital.

D. That this Hon'ble Court be pleased to restrain the Respondent and / or her agent/s and / or her servants and / or any one claiming through her by an Order of injunction of this Hon'ble Court from abating the respondent from committing further acts of contempt of this Hon’ble court.

E. Access denied / deprived be compensated within a time frame of 10 days.

F. Grant any other relief or reliefs that this Hon’ble court may deem fit and proper under the circumstances.

where this application of contempt of court can be filed. In the same court or the contempt of court application can be filed in High court only?

It should be in the same court from where order has been passed.

There is similar discussion on

https://www.lawyersclubindia.com/experts/Contempt-in-gwa-visitaiton-order--358501.asp

@ Never Give up

the discussion link that you provide, Mr. Shroff has replied to the topic

"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."

In my child visitation order it is mentioned

" Respondent to meet the child during the above period and time at the residence of applicant. If the child is willing, then only with due arrangement of security and convenience he may be taken out. But in any case the child has to be returned to the custody of the applicant till 6 PM on that day."

As per my wife's reply when i intimated her through email about my visit according the order

"you are certainly entitled to meet the child at residence only unless proper security arrangement is made.
I am applying to the police for security arrangement as per the order and if such arrangement is not made you have to meet son at the residence only. Which you may kindly note."

but police refused the application with the reason that it is no where mentioned in the order to provide the police security.

please suggest if the police say is right and what can i do to make the visitation working becuase wife's family want me to visit at their residence only and i know that they will try to make false complaints later for any wrong reason.

I am not a law expert but you can put application in writing in the court concerened about issues from police department and seeking guidance from judge on this matter. Probably your lawyer would be able to help you out on clarity on this order and arrangement via written application to judge.

@ pun

you can apply for modification of visitation order if its not executeable

He he (means interesting discussion)

Two quick questions to push the envelop on this discussion further;

Que. 1: At the time of passing of the Order didnot he (@ Pun / his pleader) knew the Order cannot be executed?

Que. 2: Has he Executed the order via his one message above?

@tajobsindia

the answer to both the questions is Yes.

Please help what can be done.

Thanks

1. If you knew it cannot be Executed then why you accepted the Order?

2. How do you know it cannot be Executed?

3. You have not Executed the Order with time/date/stamp is my reading, what you have done if my reading is right you have merely written a love email to your wife which she technically replied hinting she has fulfilled part of her onus and now has passed the onus on “security and convenience if you want to take child out of h/er ordinary residence" upon you as she / her side knew you will not like to sit whole of allotted hours without able to even use loo in her drawing room!!!

A very smart lawyer she has in her kitty is my observation.

Mind you if you copy and past your above reply and my this reply to your other post of today and we can continue there? Shall you !