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Bechara Pati (Propritor)     25 April 2013

Contempt..application, visitation right

Hello everyone

My wife filed a divorced application on aug. 2009. On mutual understanding i agree on child custody of my son who was 8 year old then, with her on condition that they dont move to another state. I got visitation on june 2010 for 2 hr at her lawyer's place or agree by both of us.

Till date i met my son thrice. In 2013 we file for  contempt because she & her lawyer did't respond to us & not she or her lawyer come to court ,& she move to other state also & change the school. court is giving us dates & dates only.

In 2011 court has dissmissed her application due to her not present in court , but they file rejoinder in jan 2012.

I want to know

1. Is there any benefit for me to filed contempt application ? can i move to high court?

2. Its almost three & half year i have file for custody of my son for a month of summer vacation. I want to know    since its long time if my son ask me he did't want to go with me on summer vacation, how can i convience court  & what can i do then ?

3. Tommorow is next date for hearing , if her lawyer did't come , can i file application for full custody ?

Thanks you all

God bless



Learning

 13 Replies

Tajobsindia (Senior Partner )     25 April 2013

1.    NO

2.    It was mutually agreed and there is no restraining Order.

3.    Moreover such restraining Order can also be not made by a competent Court to restric movement of natural mother having custody of Child. Some relief in such inferences can be granted but she can not be bound down untill finality of child custody matter (if any) there.

4.    If child does not want to go with you during summer vacation then respect ‘child wishes’ and proceed on gaining more hours of quality time together first during comign summer vacation and if not satisfied by this reply then file an Misl. Application to Court showing inferences of ‘brain washing child by mother’ and seek psychiatric evaluation by a child psychiatrist of your own child and get it allowed too!

5.    Sometime Court is on holiday, sometimes parties are on holiday, sometimes advocates are on holidays and sometimes Court clerk is on holiday and may be sometimes mother nature declares holiday due to some acts of God; all these then does not mean one gets rights to file for full custody of child, a holiday (adjournment) is a holiday.  Custody claims are synopsized in S. 17 GWA and once a person is able to expand (interpret with material records) each word and phrase under this Section to the satisfaction of a Court r/w intelligent preference of a child the permanent custody of child is granted to h/er.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 April 2013

Dear Querist

if you are ready to get custody of your son then file a civil suit for appointment of guardian under Guardian and wards act.

feel free to call

Bechara Pati (Propritor)     26 April 2013

Thank you Tajobsindia & Nadeem Quereshi sir. Next date is 8.5.2013. 

This time a person came from her side & he ask the court that my wife & son is out of town & he ask for the next date. Nothing is new they are doing this from last three & half year. I hope for the best let us see what happend on next date.

God bless all

Thank you all once agian.

Bechara Pati (Propritor)     28 April 2013

Hello

We filed contempt of court & ask for cancellation for full time custody of child with mother , which was mutually agreed.

Because she did't allow me te met my son once a month in previous 3-4 years.

Also we ask for one month custudy in summer vacation for myself.

i want to ask...

1. Is there any chance for full time custudy before my son reach 19 years..?

2. Should i need to file any other application for like..misguiding or brainwash my son ?

3. Can they change place & school.

Thanks

 

 

Bechara Pati (Propritor)     28 April 2013

I have done what a honest  person can do, i had attend allmost every date maybe35 to 40 dates.

My attendence is 100% & she came only on one date when they file for her dissmiss application request , I regullary called her lawyer who promise me to meet my son with me after too many call & email i was sucsessfull 3 times to meet my son for 2 hrs each time. i talk with my son & i feel good. In this time period 3 judges wer changed, previous judge confirm me for diwali vacation for  few days but nothing happend, & now its the 4th one. 

Please you suggest me what can i do to be connected with my son ?

Thank you

Bechara Pati (Propritor)     09 May 2013

Thank God & Thank you all

After file contempt application my darling wife came to court after three & half year, & after argument in court , court has given me visiting right for 5 days that is 4 hrs per day. 

They filed the application in supreme court for transfer the divorce case to her home town, Maharashtra, our matrimony state is gujarat where she file for divorce.

I want to know 

1. Can court transfer the case to another state.

2. what about my visitaion right ? 2 hr @ my place once a month.

3. If my son ask judge he want to stay with me can i get custody of my son.

4. Can i file an application for my wife's custudy bcz, i want to live my life with my wife & children's.

Thanks

Have a Heart Foundation (Sales & Mktng)     09 May 2013

You have lost precious time in waiting...

If  Divorce filed by your wife is still pending and you want your wife and child back..

File for Restitution of Conjugal Rights and also for Child Custody under Guardians and Wards Act.

In a Separate Contempt Petition you can pray for 

 

Prayers in Contempt

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 petition of the respondent wife be struck off .

D. The respondent be directed to serve at least 5 hrs a day of community service for 7 days at any orphanage / old age home / Government Hospital.

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.

Next, take short dates and every time make application to court for passing orders on your pending application. Sooner or later Court will either pass order or reject your application... you can challenge the same at high court.

1 Like

Bechara Pati (Propritor)     13 May 2013

Thank you suresh sir , here are summere vacation in court can i file application during court vacation is there any way?

During my son's visitation on my place

1st  day we went for gaming, religious place & my home & drive.

2nd day my son ask me that he is no allowed to go to home religious place , i am surprise may be in laws pressure him is there any ,, should i take permission for the same from court ?

or should i have to make an application for the same like brainwash, misleading etc. in the court. Please help.

Thanks

Bechara Pati (Propritor)     13 May 2013

I want to open a bank account for my son's future saving, i want to know everytime when i want to do anything for my son that is like if i want to gift him ipod, games etc. should i give it him infront of court. Because last time when i gift him some book cd etc. he nani return me on same time. 

I want to know in visitation rights what are my rights, is there any book etc. of custody visitation rights for father.

I also want to make an application for extended hrs from 2 hrs to 6-8 hrs per day & one day night stay with my son.

Kindly help.


(Guest)
Originally posted by : Human Being

I want to open a bank account for my son's future saving, i want to know everytime when i want to do anything for my son that is like if i want to gift him ipod, games etc. should i give it him infront of court. Because last time when i gift him some book cd etc. he nani return me on same time. 

I want to know in visitation rights what are my rights, is there any book etc. of custody visitation rights for father.

I also want to make an application for extended hrs from 2 hrs to 6-8 hrs per day & one day night stay with my son.

Kindly help.

 

Such things are done via personal rapport.

 

And you may as well open a minor SB account in name of your kid, contact any nationalized bank.

1 Like

Have a Heart Foundation (Sales & Mktng)     13 May 2013

you can take the child home or temple.. no issues with that... no need to file anything.. let your wife file whatever she wants... u can always file your reply... 

enjoy your access.. these are petty issues many father face... once you start having regular access and are spending meaningful time with the child.. these things will hold no ground at the later stage...  you need to focus on increasing your access to your child.. 

incase if the child is too tutored or brainwashed...

meet a child psychologist inform him how the child behaves and the psychologist will guide you further.. at this stage there is no need to take the child to the psychologist... you meet the psychologist and see what he / she has to say in this regard..  

1 Like

Bechara Pati (Propritor)     14 May 2013

Thank You all God bless all of us.

Bechara Pati (Propritor)     20 May 2013

By the grace of God i enjoy the company of my son . Thank you all.

Now i want to increse timing of visitation how can i move & get success. Should i file new application ?

Thanks

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