HOSHIAM SHAVAKSHA DOLIKUKA Vs. THRITY HOSHIE DOLIKUKA

JUDGEMENT

(1.) On the application made by the respondent who happened to be the wife of the appellant for committal of the appellant for contempt of court for violation of orders passed by the Bombay High Court, a Division Bench of the High Court for reasons recorded in the judgment delivered on 31-7-1981, found the appellant to be guilty and directed the appellant to be detained in the Civil jail for a period of 3 months and also to pay a fine of Rs. 1000/- and in default of payment of the said fine to undergo a further period of detention in jail for 3 weeks. Against the said judgment and order of the Bombay High Court the appellant has preferred the appeal under Sec. 19 of the Contempt of Courts Act, 1971.

(2.) This proceeding is indeed an off-shoot of the main proceeding between the appellant and the respondent in relation to the custody of the children. It is indeed unfortunate that in view of acrimonious disputes between the parties and bitter relationship between them, various proceedings have been taken by the parties from time to time. A decree for divorce has been finally passed. The main dispute centres around the question of the custody of the two children of the appellant and the respondent the son named Shiavux and the daughter called Gospi. As the son has reached the age of 16 years, the dispute as to the custody is now confined only to the daughter Gospi. Various proceedings had been taken by the parties in relation to the question of custody of the minor child and various orders have been passed by the High Court from time to time. The learned Judges of the Bombay High Court have also on a number of occasions interviewed the children. In the main appeal relating to the question of custody of the minor daughter we have set out the broad facts of this unfortunate case and the various orders which came to be passed.

(3.) In the present appeal, we are only concerned with the question whether the appellant had committed contempt of Court by violating the orders of the High Court dated 20-3-1981 and 13-5-1981. The order dated 20-3-1481 is to the following effect:-