JUDGMENT

Jyoti Singh, J. - Present Contempt Petition has been filed alleging wilful violation and breach of the Order dated 06.06.2019 passed by the Trial Court granting visitation rights to the Petitioner.

2. Petitioner herein is the mother of a 10 years old son who is presently in custody of his father, the Respondent herein. Petitioner and Respondent were married on 22.11.2008 and are blessed with two children, a son aged about 10 years and a daughter aged 6 years. Disputes and differences having arisen between the parties, Petitioner left the matrimonial home on 07.12.2018 with her minor daughter, while the minor son continued to stay with the Respondent.

3. On 11.02.2019, Petitioner filed a complaint with Women''s Cell as according to her she was being prevented from meeting her son. On 23.03.2019 Respondent filed an Application before the Mediation and Conciliation Centre, Delhi High Court for settlement of the matrimonial dispute. On 09.04.2019, a Complaint was filed by the Petitioner under the Domestic Violence Act, which was registered as Complaint No. 4388/2019. Notice was issued and protection order was passed by the Court. On 22.04.2019, Petitioner filed an Application for grant of visitation rights in the Petition under the DV Act. On 13.05.2019, Court passed an order holding that it had jurisdiction to pass orders for visitation and directed the parties to bring the children for interaction on 25.05.2019. Court observed that the child being 15 years of age is assumed to be mature enough to take a decision to visit his mother or decline to do so. Respondent filed an Application under Section 91 CrPC and Petitioner was directed to file a reply. Application was adjourned for 23.08.2019.

4. On 25.05.2019, Court interacted with the children and after observing the child as well as due to the child agreeing to meet the mother on Sundays granted permission to the Petitioner to visit the child. Relevant part of the order is as under:

"...After 10 minutes I have returned to dais. During interaction with the children in my chamber, Master Aarush agreed to meet his mother. I also asked the child if he has been influenced by any person to meet or not meet his mother, he has replied in negative. When I asked the child as to why he expressed not to meet his mother while in the court room, the child did not reply. The child however himself agreed to meet his mother on Sundays. Ms. Aadhya voluntarily expressed her wish to meet her father on Monday and also expressed about her wish to meet two other babies in the house of her father. Both the children hugged each other and got emotional for each other. In view of my interaction with the child, I do not find a reason to prevent a willing child to meet his mother which is ultimately for the benefit of any child to have the love and affection of both the parents. I accordingly permit the complainant to meet and visit master Aarush, even if such inclination of the child to meet his mother has developed in few hours of meeting her, without prior permission of the court to meet "

5. Petitioner assailed the said order in appeal on 30.05.2019 and also sought a direction that the child be permitted to spend 50% of the vacation with the Petitioner.

6. Appellate Court remanded the matter back to the Trial Court as the Trial Court had interacted with the children. Vide order dated 06.06.2019, the Court granted visitation rights as follows :-

"This order is in compliance of order dated 30.05.2019 of Ld. Appellate Court directing this court to elaborate upon the mode and manner of exercising of visitation right by the complainant (granted vide order of this court dated 25.05.2015).

Upon hearing the parties and seeking their suggestions on the possible modalities, this court deems it feasable and appropriate (owning to the utterly non amicable and hostile attitude of the parties towards each other) that the visitation rights be exercised at Children''s room at Family Court complex, Saket Distric