FightForCause (Businessman) 28 May 2014

Need guidance - dv case/visitation of child

Hi Experts,

DV Case on myself only. Got Visitation rights under DV Act 2005 of my 3 years old son. Against the order wife appealed in Sessions court. I am yet to receive summons for that...will not appear in session without summons..as already DV , 498a , 125 crpc cases running against me..so no time to handle so many cases.

Its been 3 months after the order wife is not bringing the son to meet me. I filed a Contempt of Court application which was accepted in JMFC court and Judge instructed to issue notice to wife.

Now i need guidance on below points:

Should i go for Execution of Order , if YES...please clarify will it run in DV case or will it be a seperate case altogether.
Also please guide how do i track notice/summons is sent to my wife or not...
Court is on holiday till 9th June and nobody is there to accept applications.
JMFC Next Date is 12th June.
Session Next date is 11th June.

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3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 28 May 2014

Dear Querist

as per your information my opinion on your queries are as under

Should i go for Execution of Order , if YES...please clarify will it run in DV case or will it be a seperate case altogether.

Opinion: Which order you want to file execution, visitation order or other????/

if visitation then what is the status of appeal before session court there is any stay on JMFC order or Not?

2. Also please guide how do i track notice/summons is sent to my wife or not...

Opinion: if the summon/notice sent via speed post or registered post then you can track the same by indian post site otherwise only the court office informed you about this.

Feel free to call

FightForCause (Businessman) 28 May 2014

Hi Nadeem Ji,

Its Visitation order for which i want execution.

There is NO stay on order in session as Case is yet to start...i have not received any summons for sessions case.

Kindly guide now.

Sidharth 23 December 2015

My wife filed case under DV Act against me on fictitious ground, she was demanding reliefs for her and our daughter who is living with her.

Interim relief are already rejected by the court .

Then I filed application of

Perjury under section 340crpc.

Right to visit minor child u/s 21 of DV Act

Both the application filed 3yrs back

She has filed written reply and denied the allegations.

But now she is avoiding arguments on both application with the excuse that lawyer is not available from last 2 years.

I have also filed application for fine on her last year u/s 35b CPC but that application is also pending.

Now, what should I do?

Court is presently in MM Court

Can I request Session court to order MM Court for speedy disposal of said applications.

Which section/ act deals with this

Need guidance - dv case/visitation of child

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