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DELHI HIGH COURT
RAJIV SHAKDHER
Niteen Yeola – Appellant
Versus
Vartika Katiyar – Respondent
| Table of Content |
|---|
| 1. violation of court order regarding child access. (Para 1 , 2 , 3) |
| 2. arrangement for videoconferencing meeting. (Para 4) |
| 3. final disposal of contempt petition. (Para 5 , 7) |
| 4. withdrawal of averments & assertions in petition. (Para 6) |
JUDGMENT
[Court hearing convened via video-conferencing on account of COVID-19]
Rajiv Shakdher, J. (Oral)--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 video-conferencing 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
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 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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