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vikram (navigator)     27 November 2012

Family court & judges

 i had ex party order to meet my son and aftr 1 yrs my wife re called it by just saying tht she never get a chance to rply and family court recalled ths ex party order from tht time she never filed her rply or appired in court (9month) and last 3 months i am asking to Family judge to give me permission to meet my son but as u all know our great judges work ?? so he just keep giving me next dates knowing tht thr is no rply or adjornment form her side aftr 2 nd half months i have to ask him either decide on my application to meet my son or dispose it, so he ordered on next date and his Order is great his order to her " Bring son in court at 10:30 date (aftr 1 month) so tht his father can meet him( he is in school now how come he will leve his class ?)" and  how she is going to know tht judge ordered her to bring son in court ) thts all he gave me relief i was asking to regular visit nd sunday 10 am to 5 pm. and wht i get from ths judge ?? wht will happen if she not com or bring son coz she don't know ths order and if she bring son thn aftr 1 meeting with son family court order will be completed and for next meeting i have to file new application to see my son and again wait for 3 month.. ??? what should i do ? forget my son ? or just wait till life ends for justic ??



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 5 Replies

stanley (Freedom)     28 November 2012

Could you confirm what case has been filed by you under which act or what type of case you are facing .

And have you put a written application for Interim Visitation specifing the day and the times for visitation  in your prayer or have you just verbally asked for visitation to the judge . As you say that the judge has set aside the ex parte order than her lawyer must have filed a say for this for him to set it aside am i right . So her lawyer should be appearing for the same and it is his duty to convey the order  to his client .

This seems like a breach in the order and you can file contempt of court if they are not adhering to the order . Alternatively you can tell your lawyer to file an appeal in a higher court as you are unhappy with it for which he should be in a position to guide you .Else you have to change your lawyer and find a competent one . 

 

rajiv_lodha (zz)     28 November 2012

Her lawyer is supposed to tel the party about these orders. If she does nt honor this order, put application immediately about CONTEMPT OF COURT

vikram (navigator)     28 November 2012

 

I had filed sec 13 in 2010 as usual nothing happened just dates. thn i filed sec 26 under sec 13 for interim Visitation sunday from 10 am to 5 pm bt she never came to court, so court make ex-party in may 2010, she recalled it saying she never get a chance to rply so judge recalled it on 31 jan 2012 after2 yrs nd in mean time i was meeting my son whenever i want. aftr comming back in aug i am asking judge to grant me a permission as she never filed WS or ever present on ths dates or any adjornment from her side but ths judge never listen and keep giving dates till 6th sept whn i asked better to reject my application thn giving just dates thn only he ordered on 6th nov to bring my son in court on 6th dec 2012  to meet me thts all..

vikram (navigator)     28 November 2012

Abt her lawyer she changes every month or days we never know on next date how will com as her lawyer ??

Ratnesh kumar (Advocate)     28 November 2012

thats not your problem that how she is going to be informed. once she had appeared in this case than every order which the judge will pass it will be supposed that she knows it and if the complaince of order is not been done by the party contempt can be done and also warrant can be issued . secondly if u are not satisfied with any order of this judge you caqn move to the high court..

ratnesh

09334185956

09835450455


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