RAJEEV GIRI Vs. EKTA SINGH

JUDGEMENT

(1.) This contempt proceeding has been initiated alleging wilful disobedience of the order dated 14.03.2019 in W.P. No.2487/2019 [GM-FC].

(2.) We have heard Smt. Ankitha G. Shelke, learned counsel for complainant and Sri. Omar Shariff, learned counsel for accused. Perused the records.

(3.) This is a classic case where fight between an estranged parents has resulted in minor child being torn on account of such fight. Complainant and accused got married on 23.10.2011 and were blessed with a daughter, who was named Mayra Giri and on account of certain disputes having arisen between the couple, it resulted in both staying apart and on account of custody of the minor daughter being with the mother, it triggered the father to file a petition under Sections 7 and 17 of the Guardians and Wards Act, in G & W.C. No.128/2018 seeking permanent custody of the minor child. An interim application in I.A. No.10 was filed by the complainant/father in the said proceedings for custody of the minor child during the pendency of the proceedings. Same was opposed to, and Family Court by its order dated 15.12.2018 though rejected said application, granted visitation rights/parenting time to the complainant/father on 1st and 3rd Saturdays of every month from 11.30 a.m. to 3.30 p.m. at Bangalore Mediation Centre [hereinafter referred to as BMC for short] in respect of the minor daughter. Accused/mother was directed to bring the child to BMC on 1st and 3rd Saturdays of every month and to handover the child to the complainant/father at 11.30 a.m. and complainant/father was directed to return the child at 3.30 p.m. after exercising his visitation rights/parenting time. This order came to be assailed in W.P.No.2487/2019 [GM-FC] by accused/mother. Learned Single Judge after considering the rival contentions, by order dated 14.03.2019, disposed off the writ petition by modifying the order of the Family Court with the following directions: