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RAJIV SHAKDHER
Niteen Yeola – Appellant
Versus
Vartika Katiyar – Respondent
JUDGMENT
Rajiv Shakdher, J. - This contempt petition has been filed under Sections 11 and 12 of the Contempt of Courts Act, 1971, principally, on the ground that the direction contained in the order dated 14.09.2020, passed by the Principal Judge, Family Court, Patiala House Courts, New Delhi, in HMA No. 252/2020, has been violated.
1.1. The allegation concerning violation of the order dated 14.09.2020 by the respondent arises out of a matrimonial dispute erupting between the parties. Both the parties have joined the present proceedings along with their respective counsels via videoconferencing mechanism.
2. The child involved, I am told, is Ayan, who is seven years old.
2.1 The direction contained in the order dated 14.09.2020 requires the wife i.e. the respondent herein, to grant access to Ayan, for about 15 to 20 minutes, on second, and fourth Sunday of each month, at about 10.30 A.M. via WhatsApp or video-call to the petitioner herein.
3. According to the petitioner, access has been denied, and therefore, he is constrained to move this Court by way of the instant contempt petition.
4. Having interacted with the parties, according to me, the best way forward would be for the concern
Arranging a videoconferencing meeting to work out the modalities for granting access to the child in a matrimonial dispute, and the parties' agreement to the court's directions influenced the decisio....
The court emphasized the significance of adhering to judicial access orders in familial disputes, facilitating resolution through structured mediation.
The court reaffirmed that the welfare of the child is paramount in custody and visitation disputes, justifying modifications to visitation rights in contempt proceedings.
Adjustments to court orders for the sake of practicality and compliance in familial communication are valid and necessary.
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