Enhancing interim custody as per bombay high court rulings

Replied ...........

Incase if you are not getting access inspite of Court Orders you need to file a separate petition for Contempt Of Court and pray as follows. 

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.

 

File Contempt and seek orders as early as possible.

You can also pray for the forefeiture of wife's maintenance for not giving access as per the orders of the court.

What are the orders of access and picking and dropping arrangement of the child???  are the said orders passed by any family court???

@ Helping Hand & @ Suresh

Thanks for your helpful replies. Judge has given a least meeting order just for 1 hour per month.

The Interim Orders that was passed is as follows:-

===============================================================

Matter is today listed for disposal of application for interim custody. Now, it is stated by the petitioner that he is not pressing for

relief of interim custody but requests for visitation right at least once in a month.   

Ld. Counsel for the respondent has no objection, if visitation rights are granted. 

With the consent of the parties, the petitioner is permitted to meet the minor baby Sidhi @ Sanvi on last Wednesday of every month

from 3 p.m. to 4 p.m. at Visitation Room, Tis Hazari Court Complex.

I m not an expert, But  i think 1 hr in a month is as good as nothing. & it is not in favor of your childs welfare that she does not recognize you ie her own father.

As your daughter is 5.6 yrs old it is her right to be in her father company for sufficient period of time. Initially You should ask for at least 4 hrs a week visitation & if it gets rejected in lower courts you should go & appeal in higher courts. Ask your wife why she needs maid to take care of her own child & tell court that she is not capable to take care of child. If she is working so she has to keep a maid, then why are you giving maintenance to her. I concur with Mr Suresh

 

Thanks

@Hats Off to Experts

Thanks for your Reply.

Yes in my Interim application , i had asked 4 hrs of meeting but the opposite side lawyer played his arguments tactics & my lawyer did not work forcibly.

That resulted in niche order. Now i want to rectify the same order. 

 

But i am confused which court to file an application & under what section. As the Interim Visitation order came on 15-12-2012 & till date only 4 meetings happened out of 9 due to Court Premises holidays & False Medical Certificates sent by wife on meeting days.

Rahul i suggest you should file a separate Custody Petition under Guardians and Wards Act. and you can also pray for Interim Access. Prepare a List of Access that you wish to avail eg. Access during Weekends. Overnight access, access during festivals and during special occasions and during school vacations of the child etc. If your advocate is not competent enough , I suggest you to change your lawyer. I think you r an engineer earning good income. So i suggest you to hire senior level advocate pay him timely & fight the case on merits & get maximum access to your daughter. All the best

@Hats Off

My case is filed under Guardian & Wards Act only where i demanded all kinds of Accesses of my Kid in Interim Visitation part.

But my lawyer did n't do well in that argument as we were more focusing on managing the CrPC 125 case.

You can challenge that Order in the High Court

Or

You can file application for modification of access stating the limited hours granted by court is not sufficient to develop bonding with the child.

Your application can either be rejected or orders be passed , you can challenge the same at High Court.

Concur with Suresh A. Jus to add, hire a senior lawyer in High court

Rahul:

Take all advises, but think about this too.

You both are tearing up the young mind.

 

One decision you have both taken, ie to part ways.

When you have taken the decision to part ways, then part ways as gentleman.

 

Never to bother each other ever again.

 

Ok. there is a kid, but let it be with the mother.

 

If it wants it will join you when she attains understandable age.

 

Till then be satisfied with what the court has ordered.

Simply going to HC, I wont say would not be fruitful one. but you have also to think about the kids young mind.

One irrepairable damage you both have already done ie by parting ways as husband and

wife.

 

Please dont do more damage than this about getting custody of child making the child somewhat like a prized possession of your Super Ego's. What I would suggest is, take help of elders, talk it out even now nothing is impossible, talks can do wonders. Convince the other party's elders that instead of roaming to court and torturing the young mind, why not make it a weekly affair that the kid gets to meet the father?

 

Find a middle way out. If you both still have that Super EGO, then wishing you happy roaming to court halls and also to the kid, buy nice shoes, for that is what helps you in the long run, gift one to your kid too..

@Hats Off   @Suresh   @Helping Hand

First of all thanks for replying on my post with your credible replies.

Being a father of a lovely child, i simply love her but my wife in an ego trip took her & used her just as a tool to extract maintenance from me.

I faced jail as well , my daughter faced burnt wound on her wrist my whole family is still suffering as bcz my wife is demanding 50 lakhs from me which is out on my reach. I lost my reputed job , doing a job of less than half of my earlier job bcz of Jail.

My family members had a talk with my wife side family to settle it but thier latest demand came of Rs. 60 Lakhs....

I dont have any way but to stop my wife to use & make the child bad like her..... as bcz my Father in Law also died bcz of Depression due to cruelity done by Mother in Law. Thats why i dont want my daughter to follow her mother & mother of mother protocol...

@Suresh @Hatts Off @Helping Hand

Also if i would file the Application for Modification of Earlier order then I hope the application will be filed u/s 151 CPC for modifying the earlier order dated

15-12-12, which is 9 months back order. As it is true that neither me nor my child is able to make bonding with each other. Only 3 hours meeting in total has

happened from Dec-12 till date as my wife playing all tricks like sending false medical certificate  on meeting day or not coming on meeting day to court.

 

Kindly confirm if any other section i need to mention in Amendment Application for enhancing Interim Visitation other than 151 CPC as i am also thinking to press the Interim Custody..... I am not sure but i think Section 12 CPC also needs to be mentioned in case i pray for Interim Custody...

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