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2020 Supreme(Kar) 1603
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Aravind Kumar, Shivashankar Amarannavar, JJ.
Rajeev Giri - Appellant
Versus
Ekta Singh - Respondent
Civil Contempt Petition No. 1013 of 2019
Decided On : 05-11-2020
Ankitha G Shelke, Advocate, N. Gowtham Raghunath, Advocate, Omar Shariff, Advocate
The paramount interest of the child and the adverse effects of parental conflict on the child's development were central to the Court's decision.
Headnote:
Contempt - Custody Dispute - Guardians and Wards Act - Sections 7 and 17 - Order dated 14.03.2019 in W.P. No.2487/2019 [GM-FC] - This contempt proceeding has been initiated alleging wilful disobedience of the order dated 14.03.2019 in W.P. No.2487/2019 [GM-FC]
Fact of the Case:
The case involves a custody dispute between estranged parents over their minor daughter. The father filed a petition seeking permanent custody of the child, and an interim application for visitation rights was granted by the Family Court. The order was modified by the Single Judge in a writ petition, which the respondent allegedly disobeyed, leading to the contempt proceedings.
Finding of the Court:
The Court appointed a Court Commissioner to monitor the visitation rights and observed that the child was initially reluctant but later displayed a joyful mood with both parents. The Court emphasized the paramount interest of the child and the need for a cordial atmosphere between the parents for the child's well-being. The Court directed the Family Court to consider the custody and visitation rights expeditiously, ultimately closing the contempt proceedings.
Issues: Custody dispute, visitation rights, alleged disobedience of court order, paramount interest of the child
Ratio Decidendi: The Court emphasized the paramount interest of the child and the need for a cordial atmosphere between the parents for the child's well-being. It also highlighted the adverse effects of parental conflict on the child's development and the importance of love, care, and affection from both parents.
Final Decision: The Court closed the contempt proceedings and directed the Family Court to consider the custody and visitation rights expeditiously.
JUDGMENT
Aravind Kumar, J. - This contempt proceeding has been initiated alleging wilful disobedience of the order dated 14.03.2019 in W.P. No.2487/2019 [GM-FC].
2. We have heard Smt. Ankitha G. Shelke, learned counsel for complainant and Sri. Omar Shariff, learned counsel for accused. Perused the records.
3. This is a classic case where fight between an estranged parents has resulted in minor child being torn on account of such fight. Complainant and accused got married on 23.10.2011 and were blessed with a daughter, who was named Mayra Giri and on account of certain disputes having arisen between the couple, it resulted in both staying apart and on account of custody of the minor daughter being with the mother, it triggered the father to file a petition under Sections 7 and 17 of the Guardians and Wards Act, in G & W.C. No.128/2018 seeking permanent custody of the minor child. An interim application in I.A. No.10 was filed by the complainant/father in the said proceedings for custody of the minor child during the pendency of the proceedings. Same was opposed to, and Family Court by its order dated 15.12.2018 though rejected said application, granted visitation rights/parenting time to the complainant/father on 1st and 3rd Saturdays of every month from 11.30 a.m. to 3.30 p.m. at Bangalore Mediation Centre [hereinafter referred to as BMC for short] in respect of the minor daughter. Accused/mother was directed to bring the child to BMC on 1st and 3rd Saturdays of every month and to handover the child to the complainant/father at 11.30 a.m. and complainant/father was directed to return the child at 3.30 p.m. after exercising his visitation rights/parenting time. This order came to be assailed in W.P.No.2487/2019 [GM-FC] by accused/mother. Learned Single Judge after considering the rival contentions, by order dated 14.03.2019, disposed off the writ petition by modifying the order of the Family Court with the following directions:
6. In view of the aforesaid submissions and the facts of the case, the order dated 15.12.2018 passed by the Family Court is modified and it is directed that the petitioner shall handover the custody of the minor daughter to the respondent at 11.30 a.m. on 06.04.2019 and thereafter on every Saturday in the months of April and May 2019 at a mutually agreed place. At 3.30 p.m. the custody of the child shall be handed over to the petitioner by the respondent.
4. It is this order which is alleged to have been disobeyed by the respondent wife and as such, present proceedings have been initiated by filing their contempt petition.
5. Reply statement has been filed by respondent however denying the averments made in the complaint and contending that child had refused to go with the complainant despite every attempt made by the accused. It is also stated that accused had taken the child to Gopalan Mall on Old Madras Old on 6th April 2019 in compliance of order dated 14.03.2019 and complainant was accompanied by his father, mother and sister and the moment child saw them it started screaming and crying. She has further alleged that child had no love and affection and bonding with the complainant-father and is fearful of the complainant. On the advise of the people gathered at the Mall, accused is said to have taken back the child to the house. She has further contended there was rude and abusive behaviour exhibited by the complainant. The photographs which have been produced along with reply would depict that the child is in a fix or in other words, it is in a confused state of mind and is looking at the parents shockingly. No good sense seems to have been prevailed on the parents to reconcile with the situation keeping in mind the paramount interest of the child.
6. This Court having noticed these facts thought fit to bridge the gap that has crept between father and mother which has resulted in the child being a victim. Hence by order dated 29th September 2020, this Court appointed Sri.Sandeep S, Advocate of Bengal
