Legal Question in Family Law in India

Contempt of Family Court

My wife has filled petition of maintenance in family court pune, During procedure I filed application for temporary access to my minor daughter on her 2nd birthday, Family court passed order in my favor and given me access of my child on her birthday for about 3 hours and asked me to collect her from in-laws house where my wife is currently residing.

At the time given by Hon Court when i went to her place i found that her house is locked and she purposely denied me access of my daughter by this illigal way,We also prepared Contempt of Court application and new temp access application for next date, however Hon Judge told my lawyer that They don�t have rights for application on ''Contempt of Court'' and it needs to be from High Court so he only kept our application on record nothing else, Does this means that order passed by Hon Judges of Family court doesn�t have execution rights?, Can i do same on Interim maintenance orders passed against me?


Asked on 2/16/08, 9:11 am

2 Answers from Attorneys

Re: Contempt of Family Court

It has execution power.File an application claiming custody of child and also pray for interim custody or meeting in court premises.It is correct that only HC has jurisdiction to entertain contempt.IN case of need contact with details,professional charges are applicable.

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Answered on 2/17/08, 9:32 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Contempt of Family Court

The order is executable. Non compliance may entail consequences like dismissal of the main peittion filed by your wife. she can also be purnished for disobedience of the order. You may tell your counsel to file an application under Order 39 Rule 2-A read with Section 151 of CPC; and not under Contempts of Courts Act. The Contempt proceedings are maintainable only before High Courts or the Supreme Court of India.

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Answered on 2/16/08, 8:43 pm


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