JUDGMENT :

DEVASHIS BARUAH, J.

1. The instant contempt proceedings have been initiated for violation of the order dated 16.02.2019 in Misc. (G) Case No. 8/2018 passed by the Principal Judge, Family Court No. 1, Kamrup at Guwahati.

2. It appears from a perusal of the final order dated 16.02.2019 that the parties have mutually agreed on certain terms and conditions which were mentioned in the joint affidavit filed by the Petitioner and the Respondent No. 1 in Misc. (G) Case No. 8/2018. The said terms and conditions of the said petition formed a part of the order dated 16.02.2019. This court have also duly taken note of the said affidavit containing the various terms and conditions. The said terms and conditions were in Paragraph No. 2 (a), (b) and (c) and as the same have relevance to the present dispute, the same are reproduced herein-under:

“2. That the Deponents have mutually agreed for the good and well being of the Ward on the following issues regarding Visitation Rights of the Ward, Miss Raaisha Bhattacharyya, to her Father, the Petitioner, and other issues regarding the Ward’s general upbringing which are the subject matter of Misc. (G) No. 8 of 2018:

(a) In a calendar year in the months of June and November the Ward has to prepare and appear for her half-yearly and annual examinations respectively, so, the Ward does not have to visit her Father’s residence in these two months, instead, the Father will come to visit the Ward at her place of residence for any two days in a month according to the convenience of the Ward. For the remaining ten months in a calendar year the Ward will visit her Father at his residence for any two days in a month for a minimum of four hours in a day according to the convenience of the Ward. Care should be taken that the Ward's visits to her Father never falls below the said twice a month frequency.

(b) The Ward will also visit her Father at his residence on the day of the annual Shraddha of her paternal grand-mother, Late Eva Bhattacharyya, which generally falls during Kali Puja in the month of November. The Ward will be allowed to attend other social events and functions of importance including funerals and Shraddha ceremonies at the residence of her Father when someone in her immediate paternal family dies in the future and in which the Ward’s presence is naturally and socially expected.

(c) The Maternal Grandfather, Mr. Jibeswar Chakrabarty, may accompany the Ward whenever he can on such visits of the Ward to her Father.”

3. From the above quoted terms and conditions in which both the parties of the instant proceedings have duly agreed to, it reveals that in the month of June and November, the daughter of the Petitioner and the Respondent No. 1 would have to prepare and appear for her half-yearly and annual examinations and as such, the daughter need not visit her father’s (the Petitioner’s) residence in those two months. Instead, the Petitioner would come to visit his daughter at her place of residence for any two days in a month according to the convenience of the daughter. It was also agreed that for the remaining 10 months in the calendar year, the daughter would visit her father i.e. the Petitioner at his residence for any two days in a month for a minimum of 4 hours in a day according to the convenience of the daughter. It was also agreed that care should be taken that the daughter’s visit to the petitioner never falls below twice a month frequency. It was also agreed to that the daughter would visit the Petitioner at his residence on the day of the annual Shraddhha of her paternal grant-mother which falls during Kali Puja in the month of November. The daughter further would be allowed to attend other social events and functions of importance including funerals and Shraddha ceremonies at the residence of the Petitioner when someone in her immediate paternal family dies in future and in which the daughter’s presence is naturally and socially expected. It was also agreed to that the Respondent N