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2016 Supreme(Del) 168

MANMOHAN
D. K. C. – Appellant
Versus
K. C. – Respondent


Advocates Appeared:
Mr. D.N. Goburdhun, Advocate with Mr. Balendu Shekhar, Mr. Vivek Jaiswal, Ms. Somya Rathore, Advocates and petitioner in person.
Ms. Malavika Rajkotia, Advocate with Mr. Ranjay N., Ms. Arpita Rai, Mr. Vaibhav Vats, Ms. Tanya Prasad Mr. Ramakant Sharma, Advocates for R-1 & 2 and R-1 in person. Mr. Ajay Digpaul, CGSC with Mr. Kunal Gosain, Advocate for R-3.

JUDGMENT

MANMOHAN, J:

1. Present contempt petition has been filed alleging wilful disobedience of the order dated 1st October, 2014 passed by Principal Judge, Family Court in G.S. 11/14. It is the case of the petitioner-mother that respondent no. 1 father in violation of the consensual parenting plan accepted by the Guardianship Court vide aforesaid order, had taken the minor child to Malaysia on 31st December, 2014 even though he had undertaken that he would not take the minor child abroad till such time the divorce decree is passed by way of second motion under Section 13B(2) of the Hindu Marriage Act, 1955.

2. On 2nd February, 2015, learned Predecessor of this Court had issued a notice to respondent no. 1 returnable for 17th July, 2015. On 17th July, 2015, this Court had passed the following order :-

"Prima facie this is a case of child abduction by the respondent-father, who is stated to be residing in Malaysia.

Since the service report is still awaited, the respondent-father is permitted to be served upon deposit of process fee by way of e-mail and courier in addition to registered post.

As the respondent-father is an Indian passport holder, the Ministry of External Affairs, Go

























































































































































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