HARWINDER MANN Vs. GURPAL SINGH MANN

JUDGEMENT

(1.) This order will dispose of two contempt petitions COCP 1108 of 1991 and COCP 64 of 1993 filed by the wife for punishing her husband for contempt of Court for deliberately not obeying the orders passed by this Court whereby the respondent was directed to leave the minor child with the petitioner over the week ends.

(2.) On a petition filed under Section 12 of the Guardians and Wards Act, 1890 (for short, 'the Act'), the respondent-father of the minor child was allowed to retain the temporary custody of the child during the pendency of the petition under Section 7 of the Act filed by the petitioner-mother. This order was impugned in Civil Revision 1860 of 1991 and the same was modified on August 29, 1991 and the following directions were issued :

(3.) It is alleged that the child was coming to the petitioner on time but later the respondent started whittling down the order by sending the minor child late and sometimes the child would be sent on Sunday mornings and that some of the week ends were even skipped and the child was not sent to the mother. It is further alleged that sometimes a message was sent stating that the child was busy studying for the exams scheduled for the following Monday and thereafter the child was never sent to meet the mother after October, 1991. The respondent then moved civil miscellaneous 8928-A/C-11 of 1991 for the modification of the order dated August 29, 1991 on the ground that the child was not willing to meet the mother. I then sent for the child and having regard to his emotions the application was dismissed. The petitioner is stated to have sent a telegram requesting the husband to comply with the directions issued by this Court but since the husband was adamant in not sending the child to her over the week ends, COCP No. 1108 of 1991 was filed by the petitioner. During the pendency of this petition, the respondent again started sending the child though sometimes late and some of the week ends were again skipped. Again, when the child stopped coming to the mother over the week ends as directed by this Court, the petitioner filed another contempt petition (COCP 64 of 1993) for taking action against the husband under the Contempt of Courts Act.