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Baljeet Singh vs Amrit Kaur on 30 March, 2022

Author: Subramonium Prasad

Bench: Subramonium Prasad

                             $~60
                             *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +     CONT.CAS(C) 352/2022
                                   BALJEET SINGH                                      ..... Petitioner
                                                      Through       In person

                                                      versus

                                   AMRIT KAUR                                         ..... Respondent
                                                      Through

                                 CORAM:
                                 HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                            ORDER

% 30.03.2022 CM APPL. 15779/2022 (Exemption) Allowed, subject to all just exceptions.

CONT.CAS(C) 352/2022

1. The instant contempt petition has been filed against the Respondent herein for wilful disobedience of the Orders dated 23.12.2020 and 26.08.2021, passed by the Family Court, Tis Hazari, New Delhi, in HMA No.1037/2020 and GP No.21/2021 respectively.

2. There are proceedings pending between the parties under the Hindu Marriage Act and the Guardians & Wards Act. In the petition under the Hindu Marriage Act, the learned Family Court on 23.12.2020 passed the direction to the respondent herein to facilitate the interaction of the child with the father through video-conferencing. The relevant portion of the order dated 23.12.2020, passed by the learned Family Court in HMA No.1037/2020 reads as under:

"Heard, It is well settled that a minor child requires love, affection, company and protection of both the parents. If the parents are separated, the non-custodial parent should have Visitation/contact rights, so that the bond between the child and such parentis maintained and improve. The same is important for the overall welfare of the child. It is not a question of the rights of the father or the mother but it is the interest and welfare of the minor child which is of paramount consideration.

The respondent is directed to facilitate the interaction of the minor child with the petitioner through the video conferencing in terms of order dated 10.11.2020 of the Ld. MM (Mahila Court)."

3. In the proceedings under the Guardians & Wards Act, contempt petition was filed by the petitioner which was disposed of by an order dated 26.08.2021. The relevant portion of the order dated 26.08.2021, passed by the learned Family Court in GP No.21/2021 reads as under:

"Heard on application u/s 12 of The Guardians & Wards Act filed by petitioner. Record perused. The parties have agreed that ,petitioner and his family members can meet the minor child on 1st 3rd and 4th Saturday or in case 4th Saturday being holiday on any other working day as per convenience of parties from 12:00 Noon to 4:00 PM at Children's Room, Family Court, Tis Hazari Courts, Delhi. Petitioner is further permitted to talk to the minor child through video conferencing twice a week for half an hour, as per convenience of parties and the minor child. This interim , arrangement will continue/till further order."

4. It is stated by the learned counsel for the Petitioner, who appears in person, that there has been a violation of the said orders by the Respondent.

It is stated in the petition that in terms of the Order dated 26.08.2021, passed by the learned Family Court in GP No.21/2021, the Petitioner was permitted to spent 96 hours with the child, however, he was allowed to spent only 8 hours and 35 minutes with the child. The Petitioner has also filed a number of SMSs wherein the Petitioner has requested the Respondent to facilitate the communication between him and the child through video conferencing. It is stated that the Respondent has not even responded to the requests made by the Petitioner.

5. In view of the above, the Petitioner has made out a prima facie case of wilful disobedience of the Orders of the learned Family Court.

6. Issue Notice.

7. On Petitioner's taking steps, let notice be served on the Respondent through all permissible modes, including Dasti.

8. List on 11.05.2022.

SUBRAMONIUM PRASAD, J MARCH 30, 2022 Rahul Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CONT.CAS(C) 352/2022 Page 3 of 3 Signing Date:05.04.2022 18:09:33