Visitattion in chil dcustody

What is your advocate doing about all these !

1. The moment you got some encrypted Court Order a simple application then and there or even verbal submission for Clarity of "operating part of the Order" would have been moved by your advocate and even by you if you are P-I-P in facts.

2. If she is flouting Court Order(s) in which form it was passed then Contempt jurisdiction should have been used earlier i.e. the very next day when not complied by moving an urgency application instead of waiting for next date as child does not stop ageing till next date.

3. In para 1 if "clarity" was asked for then Court would have modified its Order to the extent "parties are encouraged to exchange cell phone no's." + "place of visit / mode of visit / attended - un attended child by custodial guardian" etc. could have become clearer.

However suggested remedies that you can opt now;

A. Modification of last Order of the Court on more or less above lines by flign a Misl. IA with condonation of delay.
B. In same Misll. IA you can mention contempt matters.

Verbal duet between her Advocate and you before the Bench is not the right approach you gave into. However be it so, you can also move an application to get call details of both parties respective registered cellphone numbers from date of last Court Order till date. Also can call service provider to witness stand for Examination. Video captcha can be submitted as secondary proof but call details from service provider are primary evidence. As a "change of circumstances" you may stake as alternate prayer "overnight custody". Also while submitting all these during next argument stage if her side's advocate sate the same line "hazoor both talked happily" then pray to Court to record HIS statement under Oath as material records of the Case. Later you can sue him / your wife on just this statement for good reasons.

Thanks for the great inputs

I have asked my lawyer to get in action from today itself as i dont want to waste another date now.

will implement all these sugegsted by you.

But what is meant by #overnight custody~ and will it be in the same application? or another application for same.

when you are putting forth your  Misc App under change of circumstances add another prayer for Overnight custody means you can keep your child with you for the whole night .

oK ,BUT THERE IS another twist in th etale in my case.

My child was studyong and born and brought up in ghaziabad.H ewas studying in DPS,Ghaziabad.In september 2009 even though child was in ghaziabad she filed 365 against me in Ajmer(from her parents House) for kidnaping my own son from Ajmer and showed him sudent of a local school there.She obtained orders of ACJM u/s 156(3) for same and me my parents were arrested for kidnapping child fom Ajmer (this is INDIA).

Later when she got the Kid Police filed an FR in the case which was protested by them.

After few months she SECRETLY moved to Navi Mumbai to his brother house along with child in June 2010 and when I came to know about this I filed child custody case here in ghaziabad and gave all th efacts.

They have also challenged the jurisdiction u/s 9(1) of GWA and say that jurisdiction is in Mumbai.

They do everything to keepme away from child.I have stated to court several times but after much pursuation they passed this order.

Instead of overnight stay as he lives in navi mumbai can I pray fo rinterim custody for two days in amonth in my misc IA and get order modeified.

Rgds

VT

Twist is always going to be there from marriage till once grave. So what is new!

Hence, what is your question before us after placing last facts?

Question is that in my misc IA can i pray for two days interim custody of child instead of overnight stay as child resides in another city now?

that is how i can ask court to modify its previous order

Ok got it.

Hold my PM reply to your PM to me for a moment shot to you just now.

1. First of all let me get this straight, if the order is from Gaziabad Court and child jurisdiction changed then where is the "permission" of Court taken by natural mother to change Jurisdiction of Child from Gaziabad Court?

2. The child custody case cannot run anymore at Gaziabad since child is not in protection of Gaziabad Court, note that first before "modification of last Order" application is contemplated to be moved here.

I am taking child custody application moved by you at Gaziabad Court as the twist story of his kidnapping to Ajmer to Mumbai started from Gaziabad – Right-on ?. 

No permission was ever taken.

Infact my ex has changed 6 addresses in past two years.(1 address in ghaziabd as his father has ahouse here,2 in ajmer,3 in navi mumbai and i have given proofs to court via RTI to state this)

First child was in Ghaziabad ,then taken to Ajmer and case u/s 365,498,406 is running there and in Ajmer Court they have stated that child studies in Ajmer and till date have not informed Ajmer Court that they have removed child to Mumbai <neither they informed me nor they informed Ajmer or Ghaziabad court on earlier count.They are playing with Jusrisdiction loophole.

Child was removed from Ghaziabad by fiing a false case of kidnapping first to ajmer and then after 7-8 months he stayed in Ajmer and was moved to Navi Mumbai.

Child age is 8.5 years and if tomorrow she moves to Pune then again jurisdiction will change?

Child ha spent 6 years of his life in Ghaziabad and ina permmanent house .

so what course of action now based on facts above?

There is no magic as in loopholes you taking shelter of.

Bluntly made relapsed to you, your side donot know what to do exactly when RTI replies in hand (mind it RTI replies are admissible as Evidence under IEA). If I would have been there I would have got quashed Kidnapping case by approaching under urgency plea to Rajasthan HC and counter case would have been got allowed there in Ajmer and would have deputed jr. Adv. to run it with daily reporting back to me on its progress. Then I would have gone to ALD HC to produce child in 48 Hrs. and would have got relief to stick to Gaziabad Jurisdiction. Further I would have moved to Mumbai HC if I would have got wind of any small activity of hers there. For Pune I would have sent her for good to Osho Baba's place so on so forth I would have kept her moving minus child sticked to one jurisdiction only and would have enjoyed child’s company all these days and her mother would have been left to her singular movements.

Ask your lawyer to study more on Child Jurisdiction citations of Mumbai HC to ALD HC to Rajasthan HC and there are good 9 of them which are very very specific clear on raised loopholes points of Law, to wash out your self accepting loopholes surrender theory.

OK, now softly assured if it ever helps elevate your morale, go with flow of your Lawyer afterall you paid his fees so you becomes his consumer and in India it is a consumer who is always at receiving end unless "vigilant". End of all healthy discussion from my end ld. Sir, on this thread, least now you sue me under cyber stalking laws J

ATB = All the best.

[Last reply, realized exceeded my allotted bandwiddth] 

Thanks it sabsolutely ok,we all commit mistakes as you are right we are sometimes guided by people who themselves dont know what to do.Infact i ma thankful you all take out time to reply :)

So now as you say I habe put in few citations of jurisdiction also where in Courts have categorically stated that 'ordinary resides ' does not mean a temporary or forced or moving from one jurisdiction to another i have got one such judgement,should be helpful.

But on this date I want to initiate Contempt of court proceedings and want to get the order modified ..

mr Vtands you will be always thankfuk to tajobsindia hi advice and explantion is excellent . and as he said if you are true then god will also help you. to win case no one 100% honest but be honest as your act should not hurt anybody.

dont go for other  advise just act as you have guided now after winning send sweets in the form of thanks to tajobsindia.

Dear All,

I moved Contempt of Court application against my X and court has asked his lawyer to make her and child appear in court on next date in next 15 days,failing which he will proceed in contempt.He has written on order sheet,order non compliance,listed on XX date.

Now she will come along with my son to court.

In the meantime I would also like to move an application onnext date to have "interim custody" of my son for diwali holidays fr about 5-6 days.Can i move the application and I know once I move the application his lawyer will put an objection and will file his answer probably after diwali ,so i m in a fix whetehr to move it or not?

Also if judge fails to grant releief there are winter vacations coming up so i was thinking if i can club both the pryaers in same application  .
Please advise .

rgds