SAUROV KUMAR MANDAL Vs. MRS. MADHURA MANDAL

JUDGEMENT

(1.) This Contempt Application is at the instance of the petitioner alleging willful and deliberate violation of an order dated 13th October, 2015 passed in C.O. 2008 of 2015 by which the father was permitted to visit the child at the residence of the mother on every weekend for two hours with prior intimation and during three auspicious days of Durga Puja namely Saptami, Ashtami and Nabami, the father was permitted to take the child from the mother and shall return the child within six hours from the day of taking custody, which shall not exceed beyond 9 p.m. of those days.

(2.) It is alleged by the petitioner that during the aforesaid auspicious days the mother willfully and deliberately did not hand over the child and therefore has exposed herself liable to be punished under the Contempt of Court. It is averred in the contempt application that the petitioner contacted the alleged contemnor informing her that he will go to her residence to collect the son but did not get any response. The message was sent to the mobile phone of the alleged contemnor but even thereafter there was no response. Subsequently, the petitioner received a massage from the alleged contemnor wherein she has communicated that her advocate has not handed over the written copy of the order and unless the original copy of the order is brought along with the photocopy thereof and it is only after the petitioner put a signature in the photocopy of the said order, the custody of the child shall be given to the father. The petitioner immediately replied the said message saying that order was passed in presence of the parties and their respective advocates and therefore, she is well aware of the purport of the order and such stand is taken to avoid the custody to be given to the petitioner.

(3.) The fact remains that the custody was not given during those auspicious days, which according to the petitioner is a contemptuous act and the alleged contemnor should be suitably dealt with.