ASHWIN CHAUDHARY Vs. KIRAN CHAUDHARY & ANOTHER

JUDGEMENT

(1.) This contempt petition has been filed by the husband, alleging that his wife has willfully disobeyed the order dated 20.07.2017 passed by Division Bench of this Court in Appeal From Order No. 327 of 2017, filed under Section 19 of Family Courts Act, 1984 as well as order dated 30.09.2016 passed by Judge, Family Court, Nainital in Miscellaneous Civil Case No. 17 of 2016, filed under Section 26 of Hindu Marriage Act, 1955.

(2.) Petitioner filed a divorce petition against respondent No. 1, under Section 13(1)(i) and (i-a) of the Hindu Marriage Act, 1955 before Judge, Family Court, Nainital. The said divorce petition is still pending. In the said proceedings, petitioner filed an application under Section 26 of the Hindu Marriage Act, 1955 seeking interim custody of his minor son, Master Kushagra Chaudhary. Learned Judge, Family Court, Nainital partly allowed the said application vide order dated 107.2016 and granted visitation rights to t he petitioner. It was provided in the said order that petitioner can meet his son at his school i.e. the Asian Public School, Dehradun, as per rules of the school. It was further provided that whenever there is holiday of 5 days or more in the school, petitioner can have custody of the child for two days, after informing respondent No. 1 (mother). It was further provided that petitioner can have the custody of child for two weeks during summer vacation.

(3.) It transpires that petitioner subsequently moved an application seeking modification of the aforesaid order, which was allowed by learned Judge, Family Court, Nainital vide order dated 30.09.2016 and it was provided that mother will ensure that the child is given in the custody of his father (petitioner) on first and third Saturday of each month at 3:30pm at Gate No. 5 of Vasant Vihar Colony, Dehradun and petitioner (father) will handover custody of the child back to his wife at 06:30 pm on the next day. It was further provided that during winter and summer vacations of more than one month, respondent No. 1 would handover custody of the child for two weeks to the petitioner and further that during holidays of more than five days, i.e. Holi & Deepawali, respondent No. 1 shall handover custody of child to the petitioner for two days.