Petitioner/Husband have applied for custody of child U/s. 26 of the Hindu Marriage Act, 1955. During pendency of the custody suit where he also put up an application to the court seeking permission for visiting rights of the child, also another application so that court gives and order to the Respondent (mother) to allow child to talk over phone with Petitioner/Husband in a particular time of a day, which initially the Respondent (mother) was not allowing.
On the case hearing Respondent (mother) agreed in front of COURT that she will allow child’s father to talk with the child once in a day until the next hearing day comes, she requested the court to allow her to use her mobile phone as a communication medium instead of land phone as she can also put the phone is speaker to see if Petitioner/Husband is wrongly influencing the child..Court agrees with the same and passed a verbal order to Petitioner/Husband to call at 8:00pm to the mobile phone of Respondent (mother) if he wants to talk to the child.
Court ordered her to manage it amicably and also ordered child should be given full liberty to talk to his father i.e. Petitioner/Husband even if there is a custody of child U/s. 26 of the Hindu Marriage Act, 1955 suit is filled, hearing which is scheduled at mid of May. But court has not provided any written order on the visiting or speaking rights, yet.
Now the real fact is the Respondent (mother) is not picking up the phone or keeping it switched off when Petitioner/Husband/Father calls to speak to the child. Which obviously a violation of the understanding that was done at the court.
Is there any way we get some solution on above problem, because this has been a case twice where court passes a verbal order to allow the child to speak to father and Respondent (mother) does some tick by putting the phone in switched off mode or pulling the cable of BSNL landphone to make it impossible to contact the child who is 6 years old only and do not understand anything of it.
