GEETA VOHRA Vs. NITIN CHOPRA

JUDGEMENT

(1.) Present Contempt Petition has been filed alleging wilful violation and breach of the Order dated 06.06.2019 passed by the Trial Court granting visitation rights to the Petitioner.

(2.) Petitioner herein is the mother of a 10 years old son who is presently in custody of his father, the Respondent herein. Petitioner and Respondent were married on 22.11.2008 and are blessed with two children, a son aged about 10 years and a daughter aged 6 years. Disputes and differences having arisen between the parties, Petitioner left the matrimonial home on 07.12.2018 with her minor daughter, while the minor son continued to stay with the Respondent.

(3.) On 11.02.2019, Petitioner filed a complaint with Women's Cell as according to her she was being prevented from meeting her son. On 23.03.2019 Respondent filed an Application before the Mediation and Conciliation Centre, Delhi High Court for settlement of the matrimonial dispute. On 09.04.2019, a Complaint was filed by the Petitioner under the Domestic Violence Act, which was registered as Complaint No. 4388/2019. Notice was issued and protection order was passed by the Court. On 22.04.2019, Petitioner filed an Application for grant of visitation rights in the Petition under the DV Act. On 13.05.2019, Court passed an order holding that it had jurisdiction to pass orders for visitation and directed the parties to bring the children for interaction on 25.05.2019. Court observed that the child being 15 years of age is assumed to be mature enough to take a decision to visit his mother or decline to do so. Respondent filed an Application under Section 91 CrPC and Petitioner was directed to file a reply. Application was adjourned for 23.08.2019.