Under which section we can execute and enforce interim visitation orde

989 votes

An interim visitation order passed under Section 26 of the Hindu Marriage Act, 1955 is executable. However, execution must be sought properly. If the respondent is willfully disobeying the visitation order, you may proceed as follows: 1. Execution Petition under Order XXI Rule 32 CPC – This is the correct provision for enforcement of decrees/orders involving specific performance or injunction-type directions. Visitation orders fall within this category. 2. File a Contempt Petition for wilful disobedience of a court order. Courts take violation of child visitation orders seriously. 3. Alternatively, move an Application for Modification/Clarification and Police Aid, seeking direction to ensure implementation of visitation. Section 151 CPC alone is not sufficient unless coupled with proper execution provision. The application likely failed due to incorrect procedural framing. Child visitation matters are treated with priority since welfare of the child is paramount. Prompt corrective filing with proper provision will strengthen your position.

Advocate Pavani Kumari LawRato

669 votes

as you are one of the natural guardian you have the right to visit you child obstructing you in doing so may cause severe legal consequences against him and even you can initiate a writ of habeouscorpus because he detained the child illegalky

Advocate Pujari Triveni Reddy LawRato