Legal Question in Family Law in India

I filed divorce case on mental cruelty ground in May 2010 after a bad marriage of 8.5 years. Since then, wife has been living in the govt. accommodation alloted to me and I hv been living wid my parents and also taking care of my 6 years old son. She filed complaints in women cell and counter allegations in the court in retaliation of my filing for divorce case. Mediation by the Court and counselling in Women Cell have failed and no arrest has been done although she and her family tried their level best by making false MLC etc. She has been awarded Rs.6000/- per month interim maintenance and be allowed to live in the govt. accommodation in September 2010 by the judge in maintenance order. In the same order the judge has also ordered to let my son meet her mother atleast on each 3rd Saturday of everymonth for one hour at 10am. I took my son to meet her all the times except last 2 months as my son doesnt feel comfortable in meeting her. Now, the matter has been listed for cross examination on 1st June, 2011, wife's lawyer has filed for contempt of court's order for not allowing mother to meet her son on 3rd Saturday of each month. She and her lawyer are not hell bent on harassing me more and more as I have not bowed down to their pressure tacktics till now. Can I file the reply through my counsel and produce my son's testimony as his unwillingness to meet his mother? Plz advise!


Asked on 5/30/11, 6:33 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes, you can file a reply to their contempt application and at the same time, you may make submission before the court that the child is not willing to meet the mother and how can the child be forced to meet the mother against his will and wish. however, in such cases, contempt is hardly made out and in case the judge insists to comply with his order, you may make the child meet the mother and convince the child in this regard.

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Answered on 5/30/11, 10:03 pm


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