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SUPREME COURT OF INDIA
A.K. SIKRI, ASHOK BHUSHAN, JJ.
MEENAL BHARGAVA – APPELLANT(S)
VERSUS
NAVEEN SHARMA – RESPONDENT(S)
CIVIL APPEAL NO. 1606 OF 2018 WITH CIVIL APPEAL NO. 3629 OF 2018
Decided On : 09-05-2018
(b) Constitution of India – Article 226 – Writ of Habeas Corpus – Application for – Instead of deciding, High Court directing respondent to file contempt petition – Not proper – Matter remanded to High court. (Para 21)
Facts of the case:
The parties are husband and wife. After their marriage in the year 2007, the wife joined her husband in the United States of America (USA). Their child, named Pranav, was born out of this wedlock in August, 2009 at Baltimore, USA. In 2010, they migrated to Canada. For certain reasons, the matrimonial relations became strained and the wife viz. Meenal Bhargava, left the company of her husband Naveen Sharma and on July 26, 2013, went away from her husband, taking Pranav with her. She came to India in August, 2013.
The respondent filed a case for custody of Pranav in a Canadian Court. The Court granted temporary custody of Pranav to the respondent. By that time, appellant had brought Pranav to India. Thereafter on April 2, 2015, another order was passed directing the appellant to return Pranav to its jurisdiction and appear before the Court on April 16, 2015. The appellant did not comply with this order, which led to issuance of red corner notice by the FBI/Interpol against the appellant.
The respondent filed a Habeas Corpus Petition in the High Court of Judicature at Rajasthan. The parties were referred to mediation wherein the respondent and appellant settled the matter.
However, the parties fell apart and the settlement terms could not be fructified.
The respondent filed contempt petition on November 7, 2017 which has culminated in the impugned judgment dated January 9, 2018.
Finding of the Court:
Impugned judgment is not sustainable.
Result: Appeals partly allowed.
JUDGMENT
A.K.SIKRI, J.
These are the cross-appeals, filed by both the parties challenging different parts of the orders dated January 9, 2018 passed by the High Court of Judicature at Rajasthan in D.B. Civil Contempt Petition No. 1846 of 2017. The parties are husband and wife. After their marriage in the year 2007, the wife joined her husband in the United States of America (USA). Their child, named Pranav, was born out of this wedlock in August, 2009 at Baltimore, USA. In 2010, they migrated to Canada. For certain reasons, the matrimonial relations became strained and the wife viz. Meenal Bhargava (hereinafter referred to as the ‘appellant’), left the company of her husband Naveen Sharma (hereinafter referred to as the ‘respondent’) and on July 26, 2013, went away from her husband, taking Pranav with her. Initially, for some time, she stayed in Buffalo, New York and thereafter came to India in August, 2013.
2. The respondent filed a case for custody of Pranav in a Canadian Court. Vide order dated October 29, 2014, the Court granted temporary custody of Pranav to the respondent. By that time, appellant had brought Pranav to India i.e. on August 4, 2013. After order dated October 29, 2014 granting temporary custody of Pranav was passed in favour of the respondent, the mother of the appellant filed a motion in a Court at Canada stating that the said Court at Canada had no jurisdiction in the matter. This contention was, however, rejected by the Court and, thereafter on April 2, 2015, another order was passed directing the appellant to return Pranav to its jurisdiction and appear before the Court on April 16, 2015. The appellant did not comply with this order, which led to issuance of red corner notice by the FBI/Interpol against the appellant.
3. Since the appellant had travelled out of territorial jurisdiction of the Canadian Court and had come to India with Pranav, finding no other alternative, the respondent herein filed a Habeas Corpus Petition in the High Court of Judicature at Rajasthan. In the said petition, notice was issued to the appellant herein. Having regard to the nature of dispute, the High Court deemed it proper to explore the possibility of settlement in the first instance. Thus, by order dated December 17, 2015, the parties were referred to mediation. This effort bore fruits as the respondent and appellant settled the matter.
4. The appellant agreed to come back to USA and join the company of the respondent along with Pranav. Consent terms were recorded and on the basis thereof, the High Court disposed of the Habeas Corpus Petition vide order dated December 17, 2015 incorporating those terms of settlement in its order and directing the parties to abide by the same.
These consent terms are as under:
“(1) Both the parties will withdraw their respective cases within 4 months from today.
(2) Mr. Naveen Sharma will find out 3-4 flats for choice of Smt. Meenal and Smt. Meenal will then go to U.S.A. to select one of them. This process should complete within 18 months.
(3) In the meantime Mr. Naveen Sharma will come to India to meet Mrs. Meenal and Pranav at least for 3 time. Similarly Mrs. Meenal will go to U.S.A. along with her son under the security with condition that Mr. Naveen will arrange all their expenses including travelling expenses and will undertake that if both of them desire to return India then Mr. Naveen will arrange their safe return to India.
(4) The flat which is going to purchase by Mr. Naveen Sharma should be in joint name of both party. None of the party will entitle to sale this flat or it’s any part independently. Mr. Naveen Sharma will arrange collateral security against loan and in no case the flat should be taken from ownership and possession of Mrs. Meenal Sharma. In case any mis-happening the flat will remain in ownership of Mrs. Meenal Sharma.
(5) Mr. Naveen, Mrs. Meenal and Pranav will live jointly at U.S.A. after purchase of flat. None of the family member of both parties will disturb a
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