ASHOK KUMAR TIWARI Vs. VIVEK KUMAR CHATURVEDI

JUDGEMENT

(1.) The above contempt petition was filed by the maternal grandparents of the minor child, alleging non-compliance of the judgment passed at Annexure P2. Unfortunately, the mother of the child, the daughter of the petitioner is no more, and the grandparents were looking after the child.

(2.) Relying on the decisions of this Court, which permitted consideration of the custody of a child under Article 226 of the Constitution of India, when it was sought by the father, the natural guardian, we were persuaded to handover the custody to the father, one of the respondent contemnors herein. We also noticed the fact that the paternal grandfather had deposited an amount of Rs.10.00lakhs in the child's name and also had taken out a life insurance policy of Rs.25.00 lakhs, the beneficiary of which is the minor child. The father was holding a responsible position in the administrative services of the State, who had remarried, purportedly for ensuring due care of the minor child.

(3.) The child having been separated from the father in 2021, we directed the custody to be continued with the grandparents till 30/4/2025, till the end of the academic year. The father was allowed to familiarize with the child during the said period on alternate weekends and also was also permitted to take the child to his paternal house during second Saturdays. On 1/5/2025, the child was to be handed over to the custody of the father in the presence of the jurisdictional Station House Officer. The grandparents were also given visitation rights, post handing over of the custody, permitting them to take the child to their house on every second Saturday, starting from June 2025.