Legal Question in Family Law in India
obstruction to court order- reframing the question
in a pending divorce case at the high court i had interim visitation rights and the order to pay 8ooo/pm as educational expense of the two children.My wife has been blocking children since desertion and despite previous intimation via reg letters and help of police i was unable to meet the child.Even the last school she studied was changed recently after the court order.and the school authorities did not entertain my request for the copy of her transfer certificate and lslast marksheet .i have received copy of visitation reuest and obstruction to visitation from police authorities and received copy of my enquiry about my child from school authorites.I ahve been regular with child maintenece but lady has been aperpetual defaulter of her duties and highly conscious of her rights .She is also likely to go abroad.
my questions are 1- how to go for cotempt of the court
2- how to modify my visitation orders so that specific days and time and instruction are incooperated and how to restrain her from taking children abroad without prior written consent
do i have to file fresh affadeveit for
1-contempt
2- modifying the visitation order and incooperating the restraing order for forign trp or what shall i do .
pl give clear directio
2 Answers from Attorneys
Re: obstruction to court order- reframing the question
HELLO
GOOD AFTERNOON!
1. As per your raised query and facts the contempt of court may not be maintainable in your case.
2. Its better you make an application ask for appropriate directions.
3. Follow the instructions of your lawyer in the said case.
In case of need please contact personally alongwith the documents.
OR
IN CASE OF FURTHER QUERY PLEASE MAIL ME.
Re: obstruction to court order- reframing the question
(1). Contempt of court may not be maintainable;
(2) You make an application to the court seeking appropriate directions.
(3) You may follow the advice of your local lawyer who may be conducting your case.
The tenor of your statement shows that the two of you are at logger heads with each other. You may try to settle the matter out of court amicably with the intervention of family elders/friends/relatives. Making applications to the court/police for trivial matters will increase your expense. Instead of finding faults in her, you may try to solve the situation by compassion. You may also need to check with yourself, possibly your 'male ego' may not be a source of your troubles. If that be so, you may cool down your tempers and wait for further developments.
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