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Madhya Pradesh High Court

Smt. Sumira @ Sunita Tomar vs Shailendra Singh Tomar on 1 August, 2022

Author: Anand Pathak

Bench: Anand Pathak

                                    1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                           CONC No. 1234 of 2019
               (SMT. SUMIRA @ SUNITA TOMAR Vs SHAILENDRA SINGH TOMAR)

Dated : 01-08-2022
       Shri Jai Prakash Shrivastava and Shri Ram Saxena, learned counsel for

petitioner.
       Shri D.P.Singh, learned counsel for the respondent.

Instant contempt petition is preferred by the petitioner in respect of alleged non-compliance of the order dated 08.11.2017 passed in W.P.No.4048/2017.

Learned counsel for the petitioner submits that earlier as per the direction, husband had to visit once in a week alongwith his son at a place where his wife is residing and permit the boy to meet both the sisters and they may be allowed to spend a whole day at a place which may be residence of petitioner or some other place of recreation. Both the parties were directed not to create any hindrance in this regard. His anxiety is that Raksha Bandhan festival is approaching and therefore, respondent be directed to visit alongwith his son Ayush so that he can spend the whole day with his mother (present petitioner) and his two sisters which are living with the petitioner at Etawah.

Learned counsel for the respondent fairly submits that looking to the sanctity of the festival which relates to brother-sister, respondent shall arrive in the morning itself at Etawah with his son and thereafter sisters and brother would celebrate the festival together. His anxiety is that he is ready to visit the residence of petitioner provided he may be given decent reception, at least he should not be entangled in some fresh case or misbehaviour may not be meted out to him.

2

Learned counsel for the petitioner undertakes on behalf of petitioner who is present in the Court Room that she shall not cause any embarrassment or harassment to the respondents and festival shall be celebrated.

Considering the submissions, it appears that matter can be addressed by way of mediation also. Therefore, as per the undertaking given by the parties, Shri Padam Singh, counsel is appointed as Mediator in the matter and after festival of Raksha Bandhan, parties shall appear before him on any date given by him so that parties can explore the possibility of mediation. Preferably, parties shall appear in the week commencing 22.08.2022 before Mediator Shri Padam Singh.

Let report be submitted within one month.

List the case alongwith Contempt Petition No.1282/2021 in the week commencing 05.09.2022 for further orders.

(ANAND PATHAK) JUDGE AK/-

ANAND KUMAR 2022.08.02 09:57:41 +05'30'