MEENAL BHARGAVA Vs. NAVEEN SHARMA

JUDGEMENT

(1.) By judgment and order dtd. 16/1/2023, we held the respondent no.1 (contemnor) guilty of contempt. We have recorded detailed findings in the said judgment and order. Before we passed the said Order, the learned counsel for the contemnor was fully heard and in fact, the contemnor was also present through video conferencing. We postponed the sentencing part only with the object of giving last opportunity to the contemnor to make amends. However, we find that the contemnor has not shown any signs of remorse. On the contrary, the submissions made on his behalf clearly show that the contemnor has scant respect for the Orders of this Court.

(2.) We are not reproducing all the findings recorded in the earlier order. In terms of the undertaking given by the contemnor and the orders of this Court passed from time to time, he was under an obligation to bring back the child to India on 1/7/2022. We also noted the conduct of the contemnor in paragraph 12, which shows that he never had any intention of bringing the child back to India.

(3.) The learned counsel for the contemnor invited our attention to the proceedings of the Circuit Court of Cook County, Illinois (for short "the Circuit Court") of 24/1/2023. He pointed out that the said proceedings record that one Mr Wasko has been appointed as the Guardian Ad Litem by the said Court in the USA. He submitted that as the child was subjected to sexual abuse while he was staying with the petitioner in India, a forensic investigation is in progress in the United States of America (USA), and therefore, the child cannot be brought back to India unless the investigation is over. Learned counsel pointed out the submissions made by Mr. Wasko before the said Court. He submitted that the contemnor has acted in the best interests of the minor child and that he has acted in a bonafide manner to protect the interests of the minor child. He submitted that now that Guardian Ad Litem has been appointed, the contemnor cannot bring back the child to India so long as the appointment continues to exist.