SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 Supreme(Bom) 2376

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Akil Kureshi, Mr. Sarang V. Kotwal, JJ.
Mr. Divyaksh Kapur - Appellant
Versus
Mrs. Priyanka Kapur - Respondent
Contempt Petition No. 522 of 2010
Decided On : 15-03-2019

Advocates Appeared:
Chitra Phadke, Advocate, for the Appellant; Ms.Soma Singh, Advocate, for the Respondent

Headnote:

Contempt petition - Matrimonial disputes - Divorce - Contempt petition arises out of matrimonial disputes between applicant-husband and respondent-wife - History is long and checkered - May record relevant facts in brief. For our limited purpose it is not necessary to travel beyond order dated passed by Court in Contempt appeal No. in Contempt Petition No. - On said date, Court recorded an agreement between two sides which were reduced in writing as agreed terms - It is agreed thatwill visit at least twice a year to India, once for a period of four weeks and on other occasions for a period of two weeks during summer and winter seasons respectively - Whenever father and his parents who are settled in Delhi may come to, during that period, shall have complete visiting rights to child and would be able to spend at least 5 to 6 hours with child from an initial period of one week - Whether contempt action should be taken against respondent - Whether alleged contemnor has will-fully breached any order or direction of Court or defined any writ order or direction of Court – Held, Court find that controversy is in narrow compass - As is well known, contempt jurisdiction of High Court would rest on asserting whether alleged contemnor has will-fully breached any order or direction of Court or defined any writ order or direction of Court - Element of willful disregard or disobedience is essential - Pursuant to consent terms between parties which was recorded and become part of order of Court, wife had to issue Quit Claim Deed - However, for two fundamental reasons, in present contempt proceeding we are not inclined to undertake such exercise of interpreting the clauses of the agreement - Court in this respect is narrow - As noted, question would, be has respondent will-fully defined any order, direction or writ of the Court? Secondly and more importantly, for this very purpose applicant had moved Family Court Pune for appropriate directions by filing Darkhast proceedings, order was invited and order was actually passed - Pursuant to such order respondent-wife has also issued Deed - Contempt petition is disposed of

JUDGMENT

Akil Kureshi, J. - This contempt petition arises out of matrimonial disputes between the applicant-husband and respondent-wife. The history is long and checkered. We may record relevant facts in brief. For our limited purpose it is not necessary to travel beyond the order dated 8/9th July, 2008 passed by this Court in Contempt appeal No.1 of 2008 in Contempt Petition No.401 of 2007. On the said date, this Court recorded an agreement between the two sides which were reduced in writing as agreed terms.

Following portion of the said order may be noted:

    "The agreed terms are:

    (i) The parties would file a mutual consent petition for divorce under section 13B or convert the pending petition by seeking appropriate amendment in accordance with law before the court of competent jurisdiction.

    (ii) The parties, thus, would pray for passing of a decree of divorce by mutual consent. They shall withdraw allegations made against each other in pending proceedings.

    (iii) The custody of the child shall remain with the mother Ms. Priyanka Kapur but with definite visiting rights in favour of father Mr. Divyaksh Kapur. The visiting rights shall be as under :

    (a) As and when the husband(father ) visits Dubai or wherever the child is bases, he shall give an advance notice to the mother and he shall be provided visiting rights during his stay at Dubai. The father may take the girl child court, of course, while not taking the child outside the jurisdiction of Dubai. The father can meet the child any time after school hours and be with the child at the week end as well. It is also mutually agreed that they will keep each other informed about the welfare of the child. Liberty to the parties to apply to the Family Court for changes in the present order in accordance with law.

    (b) It is agreed that Ms. Priyanka Kapur will visit at least twice a year to India, once for a period of four weeks and on other occasions for a period of two weeks during summer and winter seasons respectively. Regarding the visit for a period of four weeks, at least one month''s advance notice to be given to the parents of the respondent as well as to the respondent. Whenever the father and his parents who are settled in Delhi may come to Pune, India, during that period, they shall have complete visiting rights at Pune to the child and would be able to spend at least 5 to 6 hours with the child from an initial period of one week. Thereafter, he could approached the Family Court and pray for direction to take temporary custody of the child to be taken to Delhi or any other place with himself or with his parents for the remaining period of two weeks. The Family court may be requested to hear the child, talk to the parties an then pass order to grant for temporary custody of the child to the father or otherwise. The parties shall abide by this order and not frustrate the same by avoiding the compliance of the directions in any manner whatsoever. For the remaining period of 10 to 15 days depending on the orders passed by the Family Court, Pune, the mother shall be free to take the child wherever she likes in India or otherwise.

    (c) The same process shall be followed in the winter vacation.

    (iv) Both the parties shall endeavour their best and in fact, undertake to the court that they would abide by the consent terms and would make no attempt to frustrate the spirit of the consent order. In order to further secure the compliance of the consent terms and the order of the court, it is directed that Priyanka Kapur shall furnish the security bond in the sum of Rs. 25 lakhs to the satisfaction of the Registrar General of this court. Her father Mr. Shanti Sarup is present in court and states that along with his daughter Priyanka Kapur, he shall furnish the papers of his residential house at Pune being Flat No. H3, 12B, Pluto Housing Society, Kalyani Nagar, Pune6 by way of security and in the event of default and any consequences flowing there from, he will have no objection if the fla

                  Click Here to Read the rest of this document
                  1
                  2
                  3
                  4
                  5
                  6
                  7
                  8
                  9
                  10
                  11
                  SupremeToday Portrait Ad
                  supreme today icon
                  logo-black

                  An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                  Please visit our Training & Support
                  Center or Contact Us for assistance

                  qr

                  Scan Me!

                  India’s Legal research and Law Firm App, Download now!

                  For Daily Legal Updates, Join us on :

                  whatsapp-icon Back to top