B.S.CHAUHAN, P.SATHASIVAM
Ashish Ranjan – Appellant
Versus
Anupama Tandon – Respondent
Key Points: - The Court discusses using Article 142 to do complete justice and prevent obstruction to justice in contempt of court cases. (!) , (!) - The paramount consideration in custody matters is the welfare of the child, not the parents’ rights, including moral/ethical welfare and the child’s physical well-being. (!) , (!) - The child cannot be treated as property; courts exercise parens patriae to ensure welfare, even when statutory provisions exist. (!) , (!) - The petition found that the consent order dated 3.5.2008 was allegedly violated, with evidence of tutoring and alienation of the child toward the father. (!) , (!) - The court permitted the contemnor to seek custody or other relief in appropriate forums, recognizing the need to adjudicate custody in light of changed circumstances. (!) , (!) - The court concluded that the consent order has proved unworkable due to non-compliance and tutoring, warranting consideration of modification or review in an appropriate forum. (!) , (!) - Observations that mutual settlements cannot override welfare principles in custody matters; res judicata does not apply to child custody. (!) , (!) - The court emphasized the need to act expeditiously and without being bound by prior writ or consent orders when the child’s welfare requires it. (!) , (!)
JUDGMENT
Dr. B.S. Chauhan, J. —
1. The instant contempt petition has been filed by the applicant alleging that the consent order dated 3.5.2008 passed by the Lok Adalat held by this Court has willfully and deliberately been violated by the respondents, as it has been ensured by them that the applicant may not reach his son.
2. Applicant herein got married with respondent no.1 on 31.10.2002 at Ajmer (Rajasthan), though both of them had been married earlier and stood separated from their respective spouses after getting divorced. Out of the said wedlock, one male child namely, Kislay was born at Ajmer in 2003. Father of respondent No.1 died on 9.1.2005 and soon thereafter relations between the parties became very strained and the respondent No.1 returned to her mother’s place at Ajmer. She also filed FIR No.43 of 2007 with Ajmer Police on 29.3.2007, wherein after investigation the charge sheet was filed on 31.12.2007. The applicant herein, the husband filed H.M.A. Case No.2 of 2008 at Gopalganj (Bihar) on 5.1.2008 seeking divorce.
3. After receiving the summons of the said matrimonial case, the respondent no.1 approached this Court by filing Transfer Petition (Civil) No.195 of 2008
Dhanwanti Joshi v. Madhav Unde, (1998) 1 SCC 112
Delhi Development Authority v. Skipper Construction Company (P) Ltd. & Anr., AIR 1996 SC 2005
Rameshwar Lal v. Municipal Council, Tonk & Ors. (1996) 6 SCC 100)
Jai Prakash Khadria v. Shyam Sunder Agarwalla &Anr.
Rosy Jacob v. Jacob A. Chakramakkal, AIR 1973 SC 2090
Mohammad Idris & Anr. v. Rustam Jehangir Bapuji & Ors.
Chandrakala Menon v.Vipin Menon
Elizabeth Dinshaw v.Arvand M. Dinshaw
Mausami Moitra Ganguli v. Jayant Ganguli, AIR 2008 SC 2262
Gaurav Nagpal v. Sumedha Nagpal, AIR 209 SC 557)
Nil Ratan Kundu & Anr. v. AbhijitKundu
Shilpa Aggarwal v. Aviral Mittal & Anr. (2010) 1 SCC 591; Referred. (Para 19)
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