LAWS(DLH)-2024-9-114

COURT ON ITS OWN MOTION Vs. ABHINAV KATHURIA

Decided On September 11, 2024
COURT ON ITS OWN MOTION Appellant
V/S
Abhinav Kathuria Respondents

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present petition arises out of the order dtd. 6/7/2024 in the case titled 'Abhinav Kathuria vs. Shreya Kathuria", G.P. No. 82/2023 by the learned Judge, Family Court-02, Shahdara District, Karkardooma Courts, Delhi, whereby a reference has been made to this Court under Sec. 15 (2) of the Contempt of Courts Act, 1971.

(3.) The allegations against the Respondent/Contemnor are that he used abusive language in the Court and upon the Court asking the Respondent/Contemnor and his Counsel to appear before the Court, they chose not to appear and walked away. The order dtd. 6/7/2024 is a detailed one which sets out the background of the reference. The same is extracted below: '1. The present is the guardianship petition filed by father of the child Sh. Abhinav Kathuria against the mother of the child Ms. Shreya Kathuriya. 2. There have been prior litigation between the parties and it was settled between the parties that child shall remain with the mother and petitioner was granted visitation rights. However, on 1/4/2024, petitioner had taken custody of the child from the respondent and did not return the child. Rather he moved an application before the Court that child may be placed in his permanent custody. This application was taken up on 12/4/2024. 3. During course of the proceedings, the petitioner got aggressive and used abusive and unparliamentary language in the Court. His conduct was noted by this Court in order-sheet dtd. 12/4/2024. While dismissing the application of petitioner for placement of the child in his permanent custody, his conduct and behaviour was noted which is as follows: