Contempt powers must be exercised sparingly, considering the emotional context of litigants, and apologies may mitigate consequences if sincere.

JUDGMENT :

PRATHIBA M. SINGH, J.

1. This hearing has been done through hybrid mode.

2. The present petition arises out of the order dated 6th July, 2024 in the case titled Abhinav Kathuria vs. Shreya Kathuria , G.P. No. 82/2023 by the learned Judge, Family Court-02, Shahdara District, Karkardooma Courts, Delhi, whereby a reference has been made to this Court under Section 15 (2) of the Contempt of Courts Act, 1971.

3. The allegations against the Respondent/Contemnor are that he used abusive language in the Court and upon the Court asking the Respondent/Contemnor and his Counsel to appear before the Court, they chose not to appear and walked away. The order dated 6th July, 2024 is a detailed one which sets out the background of the reference. The same is extracted below:

“1. The present is the guardianship petition filed by father of the child Sh. Abhinav Kathuria against the mother of the child Ms. Shreya Kathuriya.

2. There have been prior litigation between the parties and it was settled between the parties that child shall remain with the mother and petitioner was granted visitation rights. However, on 01.04.2024, petitioner had taken custody of the child from the respondent and did not return the child. Rather he moved an application before the Court that child may be placed in his permanent custody. This application was taken up on 12.04.2024.

3. During course of the proceedings, the petitioner got aggressive and used abusive and unparliamentary language in the Court. His conduct was noted by this Court in order-sheet dated 12.04.2024. While dismissing the application of petitioner for placement of the child in his permanent custody, his conduct and behaviour was noted which is as follows:

“19 In order to avoid creating any difficulty for the child while leaving with his mother as he appears to be under the influence of his father, it is deemed appropriate that child be sent with the mother from the backdoor after counseling. This was specifically done in view of aggressive behaviour of petitioner in the Court since morning when he appeared in the Court.

20 When it was told to the petitioner that in order to avoid any untoward incident in the Court and for the betterment of the child, the mother was advised to leave the Court &om the back door, the petitioner again got very aggressive.

21 While leaving and when petitioner was near the exit gate of the Court, he used the abusive word " bh******d". On being asked by the Court to stop, he and his counsel went away. It only shows that he is habitual in using such words. Using such words in the Court is undermining the authority of the Court, is scandalous, disrespectful, offensive and willful disobedience of the Court. Put up for further orders on this aspect on the next date."

4. On 22.04.2024, petitioner did not appear before the Court and Court issued the contempt notice. Ordersheet dated 22.04.2024 narrates the same. On this date, no apology was tendered by the petitioner. Thereafter, matter was listed before Division Bench of Hon'ble Delhi High Court on 26.04.2024 wherein proceedings were filed against the order for dismissal of his application. The Division Bench of Hon'ble Delhi High Court noted the conduct of the petitioner and expressed inclination to issue contempt notice. It was then that counsel for petitioner apprised Hon'ble Delhi High Court that the trial court had already issue contempt notice. Relevant extract of the order of Hon'ble Delhi High Court dated 26.04.2024 is as follows:

“6. This appeal is directed against order dated 12.04.2024 whereby the learned F