SANKALP SHARMA Vs. KRITIKA KAUSHIK

JUDGEMENT

(1.) The present petition has been filed by the petitioner-father alleging willful disobedience by the respondent-mother of the judgment dtd. 23/3/2023 passed in W.P.(C) 800/2023. By way of the said judgment, the Court had directed that the petitioner-father shall cooperate and give his consent to the respondent-mother to apply before the Embassy of USA for the purpose of obtaining a passport of their minor child, subject to certain conditions, as recorded in the said judgment. It was further directed that the respondent-mother shall travel back to USA along with the minor child, who shall not be removed from the said country, without permission of the Competent Courts in USA. Further, the petitioner-father shall be allowed to visit the child and vice versa. Since the respondent-mother has not taken the minor child to USA from India, the present contempt petition has been filed.

(2.) Learned counsel appearing for the petitioner-father submits that in compliance of the judgment dtd. 23/3/2023, for the purposes of issuance of US passport of the minor son, the petitioner-father had duly shared his signed and notarized consent form with the respondent-mother. However, the respondent-mother deliberately delayed the process of issuance of passport of the minor son on one pretext or the other. Finally, the petitioner-father sent the consent form and the same was handed over to the respondent's counsel.

(3.) Per contra, learned counsel appearing for the respondent submits that the petitioner-father had made no efforts to meet the minor child. Despite the fact that the court had categorically recorded that the petitioner-father shall be allowed to visit the child, the petitioner took no initiative in that regard.