Execution petition for enforcing visitation order

The alleged lapse on the part of the wife is contumacious. As such such you need to file a petition for Contempt of Court.

I agree to the opinion of learned expert Mr. P Venu.

It will be considered as an act of contempt of court,  hence you can a petition before the same court against her for contempt of court order 

It is advisable / better to move Contempt of Court case though your lawyer instead of execution of order, as advised by learned senior expert Mr. T Kalaiselvan, which I concur and appreciate.

I am sorry to hear about the difficulties that you are facing regarding your  court visitation  order. The following steps can help you out:

Keep a record of every instance at the times when your wife has not complied with the visitation order. Keep all the dates, times and if any communication made from your end regarding your visits.

You can also file a motion in the family court to enforce the visitation order. This make your wife ot comply with the visitation order to be followed

Once the motion is filed mention all the documentation that you have recorded of the violation, this will support your case and show the court that the visistion order is not being followed and it will point out the disobedience done by your wife in accordance with the compliance of the courts order

Be ready to attend all the court hearing where you can present your case, the Judge will review the evidence and may issue orderds to enforce the schedule regarding visitation

As you have mentioned the maintainance of execution petition under sec 18 of the Family Courts act the following could be taken into consideration :

The sdec 18 of the Family Courts Act, 1984 deals with the execution decree and order passed by a family court, in accordance with this section any decree or  order passed by a family court has the same effect as a  decree of order of a civil court.

These orders and decree are executied in manner as prescribed by the Code of Civil Procedure,1908.

In terms, the meaning states that if a decree or order issued by a family court, the agrrived party in whose favour the passed decree (the decree-holder) may file an execution petition to enforce the decree against the other party. The process of execution involves various steps like attaching the judgment-debtor property.

Dear Sir,

Very similar to Dhayan Singh, I am also Facing same issue on violation of Visiting Order. The differences are, in my GWOP case the court ordered once in a week Visitation. But none of the time she obeyed the court order. I proceeded the contempt against the respondent (wife). After numbering the IA, notice served to the respondent and time given about 4 months for counter... Now, the Judge saying that, the contemt is not maintanable at here (The court which passed the Visitation order), only maintanable at High Court. I asked, if so how you are numbered my case and is pending about 5 months? She is saying by words as "it is our fault", not giving in writting, At the same time case is also not dispossed off.

So Please clarifiy, my Contempt petition is maintanable at the same court which gives visitatation Order? (As you mentioned). I will greatly appreciate if you give any citation relevent to this (Jurisdiction / order passed by any Distirict Court)