Taking police help for visitation rights

It happens quite often and is happening quite often.  There is general tendency of violating the court orders.  The injured run from police station to court filing contempt after contempt to get justice and the contemnor laughs all his/her way with a confidence that there will be no evidence available to the court to punish him/her. 

Now, you file a contempt petition enclosing all the police complaints you lodged seeking contempt punishment against her.  That is not enough.  You also propose an alternative visitation plan, which will not give her scope to violate your visitation rights in future.  Courts know the general tendency of parents and so some times call the custodial parent to the court so that visitation rights of the other spouse be fulfilled.  But at the same time exposing the child to the court atmosphere quite often may hamper his healthy growth.  I suggest one thing.  In your contempt petition, you propose that you pick up the child from school premises in the presence of school principal and request the court to give direction to the school principal to hand over the child to you for the visitation period.  If third party's presence is involved, then there is less likelihood of violation of court order.  I say this as an example.  You can think over similar alternative proposals keeping in view of the visitation rights, which may be appreciable to the court.

I go with the  mechanism:

I pick the child from court and return in court.

If she doesnot follow the dictates of the court, file for contempt petition with alteration of court orders

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

1. Every city has a NGO and NGO's comes under public authority. Talk to a NGO within 7 kms. range of child ordinary residence and propose to Court to handover / pick up child from NGO's official address and making NGO responsible intermediately. No inter-parental fights / verbal duet before NGO either parent will do nor the child will be exposed to Court and or Police station handing over / taking over. The NGO may give a small visitation report note of the visitation directly sent to concerned Court post visitation on its Letter head. Some honorarium may be proposed to be given to NGO for such meetings shared by both parents as both are instrumental in such torture of child let us face it.

OR


2. Tell Court based on past contempt to allot a Court staff on dates of visitation present on dot at say a public visitation venue proposed by both parent to court for smooth handing over / taking over. honorarium may be proposed to be given to Court staff for being present during such meetings. No inter-parental fights / verbal duet before court staff either parent will do nor the child will be exposed to Court and or Police station handing over / taking over. The court staff may file affidavit next day of visitation report directly to concerned Court. Delhi HC as well as SC has okayed such honorariums for presence of court staff at public place on dates of visitation so it is nothing new I advising on such matters. Such payment shall be shared jointly by both parents as both are instrumental not to understand the welfare of the child.


In my opinion involving police as in police station handing over / taking over of minors shall be depreciated as well as handing over / taking over child at Court complex shall also be refused by seekign parent as no parent should introduce their child at early age to Courts and or police station is my view keeping in view child welfare. Put ld. Judge in box and reason out Parens patriae doctrine whose brief outline I mentioned some months back here for a post reply see that if it interests you and Courts have started recognizing this universal doctrine aptly if reasoned well.

Gaurdian and Wards Act helps[Section 9]. She has to produce the Child in Court. If she doesn't the court will order Civil Imprisonment for her which her advocate will convey to her. Don't get into police guys. As an officer of the court her advocate would duty  bound to have the child produced in the court. If she doesn't listen to her advocate will simply leave her.

FORUM ROMANUM,

The qyery is not about production of child in court, it is about enforcing visitation rights.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

@shonee: I know that, she'll take the child upto the door and run back inside. Police can't do a damn. Constant harrasment and child visistation will be blocked by the wife. So stringent court action is required to send her to jail for obtaining custody and not merely visitation rights/or bargain for fool proof visitation under threat of wife being sent to jail even if for a week.

Hmmmm, 

I don't want to argue with you. The author has to decide, which one is more practical.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

@shonee: Now that you have mentioned AUTHOR HAS TO DECIDE. Now I suddenly realized that most authors post and disappear keeping us arguing in vaccum.

Good 

Enlightenment at any time is welcome

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

SHONEE,

iT EAS NICE TALKING 2 U, AND UR DV LIMITATION JUGMENT HELP ME A LOT, HATS FOR U AND THKS

I HAVE FILED A VISITING RIGHTS APPLICATION IN DV ACT AND IS UNDER ARGUMENT ON THE COMING WEEK.

IAM FROM CHENNIA AND MY KID IS IN UDAIPUR

CAN U SUGGEST ANY STRONG SUPREME GOURT JUDGMENTS TO SUBMIT AS CITATION IN COURT FOR GETTING VISITING RIGHTS ALSO I REQUIRED MY KID TO BE FROM MORNING TO EVENING ON ALL SUNDAYS.

PLS HELP ME SIR....

REGARDS

SHABEER SAYEED

9940021979

The judgements should suit the facts of the case.

Browse on www.indiankanoon.org

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com