Visiting rights of minor kids Visiting rights of minor kids

2 years ago

I have been given visiting rights to meet my minor kids (twins-2.8 yrs boy and girl)but my husband doesn’t comply to court’s order by taking an excse of corona.what should I do?
Although I got order to do video call for 20 min on alternate days but my kids don’t recognise me...I want to meet them physically...I am dying to see them

Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Court ke aadesh ka palan karna aap ke husband ki duty hai. Husband ko court ke order ka paalan karte hue aap ko bachho se milne ka parabandh karna chahiye. Agar vo aisa nhi karte hai to vo court ke order ki avehalna kar rahe hai. Jiske liye aap contempt of court ki proceedings uske khilaf kar sakte hai.
Aap police me bhi complaint file kare sakte hai. Or unse aap bol sakte hai ki aap ke husband court ke order ke anusar bachho se milne nhi de rahe hai isliye mujko apne bachho se milvaya jae.
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BANDARU RAJYA LAKSHMI

Responded 2 years ago

A.Dear client,
You can file contemt petition in court of law against your ex-husband praying that he is not obeying the order of the court. But I have one doubt being mother is a natural guardian why your minor children are staying at your ex-husband. Ok proceed with by filing contempt petition.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
You can petition the court to allow you to communicate with your children over the internet. If your ex-husband continues to disobey the court order, you may pursue legal action against him.
Thank you very much.
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Anik

Responded 2 years ago

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A.Hi,
You can ask the court to grant you permission to communicate with your children through the online mode. If your ex husband still doesn't honour the courts order then you can take legal action against him.
Thank you.
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You may apply for contempt of case and child custody always will be on following principle.
Landmark Judgement pronounced by SC dealing with guardianship & custodial and visitation rights to parents and children stuck in matrimonial disputes
In a remarkable judgment dealing with interim custody of child suffering in parent’s matrimonial disputes, visitation rights and guardianship, a 2 judge bench of Supreme Court laid down various propositions of law while awarding the interim custody till final disposal by the trial court to the mother. The bench speaking through Justice Vikramjit Sen, lays down very sharp observations and examines various definitions of a ‘guardian’, ‘visitation rights’ and tests the issue from the angle of provisions of Hindu Minority & Guardianship Act, 1956 and Guardian & Wards Act, 1890.In a custody battle between estranged parents, a minor child, who has not completed five years of age, shall be allowed to remain with the mother, the Supreme Court has ruled saying that in such cases child should not treated as a "chattel". The court said that under Hindu Minority and Guardianship (HMG) Act, a father can be guardian of the property of the minor child but not the guardian of his person if the child is less than five years old.
The Court said that there can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of the parents which have to be enforced; the child is not a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is the focal point for consideration. Parliament rightly thinks that the custody of a child less than five years of age should ordinarily be with the mother and this expectation can be deviated from only for strong reasons.
CHILD RIGHTS COMMISSION ACT 2006
http://www.kscpcr.com/eng_ver/actsandrules.php
The Karnataka State Commission for Protection of Child Rights (KSCPCR)
4TH FLOOR, KRISHI BHAVAN, RANI CHENAMMA CIRCLE
NRUPATHUNGA ROAD, BANGALORE-
Such Commissions are situated in Every State

Bombay High Court
Forum For Fairness In Education An ... vs Union Of India And 2 Ors on 2 May, 2016
Bench: A.S. Oka
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO. 84 OF 2013
Forum for Fairness in Education An NGO,
Vs
Union of India and Others. .. Respondents
5 Before we deal with the constitution of a State Commission, it will be necessary to make a reference to the functions and powers of the State Commission. Section 24 provides that the provisions of Sub-section (1) of Sections 13 and Sections 14 and 15 which are applicable to the National Commission are also applicable to a State Commission. Sub-section (1) of Section 13 of the said Act reads thus:
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Abhimanyu Shandilya

Responded 2 years ago

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A.Can you please clarify that you are the mother and your kinds (aged 206 years) are with the father. How come he got the custody? As per the law mother has natural guardianship. What went wrong that your kids who should be with you are not with you?

I am not sure what happened but I think you need to challenge the custody or go for appeal.


Anyways, if the father is not complying to the court order immediately get in touch with your lawyer file a contempt petition.

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