VINESH MOHAN Vs. SOUMYA

JUDGEMENT

(1.) THE issue involved in this case is with regard to the custody of a child, which was ordered, to be given to the petitioner in the manner as specified in the judgment dated 26.10.2009 in MAT Appeal No. 334 of 2009. THE case of the petitioner is that, inspite of the specific direction, the petitioner was never let known as to the arrival of the respondent in India and that the order has been flouted, which has given rise to the cause of action for approaching this court by way of Contempt.

(2.) ON completion of service of notice, the respondent has entered appearance through the Counsel and has filed a counter affidavit pointing out the actual facts and figures. It is stated that there is no disobedience of the verdict passed by this Court, much less anything wilful, so as to constitute the offence under the Contempt of Courts Act. It is stated that the petitioner as well as the respondent are working abroad and that the petitioner is not available in India, even now and as such, filing of this Contempt Case is noting but an abuse of the process of the Court. It is also stated that the respondent visited India only twice in the year 2010 in connection with some specific purpose; the first one, in connection with the divorce granted and the second one, in September, 2010, in connection with the demise of a close relative. It is also pointed out that, when she was in India, no desire was expressed from the part of the petitioner to have the custody of the child. That apart, it is stated as intimated to the petitioner, through the lawyer of the respondent, and also through phone directly, that on 4th July, 2011, the respondent could hand over the child; but the petitioner is not available. Some other aspects stated as relevant, are also included in the counter affidavit, asserting that no further proceedings are liable to be pursued against the respondent.