If the wife has disobeyed the court order for visitation rights then you can take legal action against her as per law.

The Supreme Court in Roxann Sharma Vs. Arun Sharma - AIR 2015 SC 2232, while dealing with the case of visitation right, considered the Black's Law Dictionary, according to which 'Visitation' means a non-custodial parent's period of access to a child. Visitation right means a non-custodial parent's or grandparent's Court ordered privilege of spending time with a child or grandchild who is living with another person, usually the custodial parent.

it was also observed that it is a common practice among couples to use kids as pawns in the game of emotional chess. It amounts to absolutely irresponsible parenting to scar children emotionally post separation.

The innocent child is being used as tools of vengeance.

Although the non-custodial parent is responsible for the care of the child during visits, visitation differs from custody because non- custodial parent and child do not live together as a family unit. I

n our opinion, visitation rights have been ascribed this meaning - In a dissolution or custody suit, permission granted to a parent to visit children.

Therefore a contempt of court proceedings can be initiated against the  wife for refusing to obey a court order regarding visitation rights, as such refusal constitutes willful disobedience of a court order.

It appears that your wife's act is a wilful disobedience. 

As suggested you may initiate legal process for contempt proceedings against her.

For contempt proceedings to be initiated, the disobedience must be willful, meaning the party intentionally and deliberately refused to comply with the court order. 

Court orders related to child custody and visitation are considered "coercive" or "injunctive" orders, meaning they are designed to compel a party to act or refrain from acting in a specific way.

you may discuss with your advocate and initiate contempt proceedings in the same court instead of looking for solution through an irrelevant legal forum

If the interim order for visitation rights was granted in the RCR case  and subsequently the rCR case stands dismissed then the IAs in the suit will also be disposed on the disposal of the main case.

In general, when a suit is dismissed, any interim orders or IA (Interlocutory Application) orders related to that suit, including temporary injunctions, cease to be effective.

you may please note that when  your rCR case was dismissed . any interlocutory orders, such as those related to visitation rights or other interim reliefs, are automatically dissolved, regardless of whether the dismissal was for default or on the merits.

Therefore there is no contempt of court proceedings may be initiated against her because she cannot be compelled to comply with the non existing court orders.

Besides there is no human rights violation hence no complaint would be entertained by the SHRC also, you may have to seek remedy for visitation rights by filing suitable application in the divorce case or file a fresh child custody case to get the relief.

1. Let the father file for contempt of court case.

2.  Obtain assistance from the jurisdictional Police Officials and press for action against your wife for contempt of court order.

3.  As you have rightly mentioned, raise a complaint with the State Human Rights Commission.

Issue legal notice to wife to comply with court orders of visitation rights 

if she refuses take out contempt of court proceedings against wife 

Act as mentioned herein above 

If case has been dismissed interim orders do not survive 

request court to pass interim visitation orders in custody case 

As per law, father is the natural guardian of the child above the age of 5 years. So father should insist for meeting the child. In terms of order father can request the court for meeting child in court, to share vacations of child, for sharing of weekend days etc. In such cases no stated human right arises. Since case for restitution of conjugal rights as filed by husband was dismissed, hence, subsequent divorce case on same cause and grounds is not maintainable and divorce petition is liable to be dismissed in the light of dismissible of restitution petition filed by husband. Divorce case and custody case are separate and distinct so it is not proper if guardianship court is waiting for outcome of divorce case. In divorce case also father can file application under section 26 of HM Act claiming custody of child. 

 If you have No other hopes to get  visiting rights in ongoing cases..then file Habeas corpus at Hon'ble High Court ..against your wife.  Inspit of court directions . She never allowed you to see your child since 6 months and you don't know where the  child is... 

Interim order will be active as visitation is his right

Father’s Legal Options for Visitation Rights

1. Contempt of Court:

   • Since the court has granted interim visitation rights, and the mother is not following the order, file a contempt petition under Section 12 of the Contempt of Courts Act in the same court.
   • This may compel the mother to comply or face legal consequences.

2. Application for Speedy Hearing:

   • File an application in the Family Court for an urgent hearing regarding the child custody and visitation matter.
   • Argue that prolonged delay is affecting the child’s well-being and the father's rights.

3. Police Assistance for Visitation:

   • If the court order allows, request police assistance to enforce visitation rights.

4. Human Rights Commission:

   • Complaints to the State Human Rights Commission (SHRC) or National Human Rights Commission (NHRC) are generally for severe violations.
   • While you can file a complaint, courts are the proper forum for enforcement.

5. Fresh Petition for Visitation:

   • Since the previous order was linked to the restitution case (now dismissed), file a new petition in the Family Court seeking interim visitation under the Guardians and Wards Act, 1890.

Final Advice:

• 
  Immediate step: File a contempt petition.
• 
  Parallel step: Seek an urgent hearing for fresh interim visitation.
• 
  Human Rights Commission: Not the best option but can be attempted for additional pressure.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

1. HRC has no power to interfere in matter pending in court.
2. Father has right  to permanent custody of child above five years. In case of girl child such permeant custody.
3. For not bringing the child to Court, you can directly approach the  High Court of Karnataka and seek direction to court to enforce the  interim order.

Dear Client,

In your case, the father may request the mother to face a contempt action for the disobedience recently committed by her toward the interim visitation order, even though it originated from the dismissed restitution case. Nevertheless, the enforceability of that order should be properly viewed, and there arises a need to move for fresh interim relief in the ongoing custody proceedings. Taking the case to the National Human Rights Commission is an option provided it is blatantly infringing on his fundamental rights, but normally it would have been faster to move under the family law contemplated by a contempt motion or an urgent application for visitation rights. It is important to prepare all evidence for non-compliance and how it is affecting the father-daughter relationship. A family lawyer can advise and help assess whether there is merit in challenging current orders or seeking new interim orders for visitations.

Hope this helps. Feel free to inquire regarding any legal query.

1. Father should file contempt if the order of court is not obeyed.

2. Human Rights Commission has no jurisdiction in this case.