IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. VAIDYANATHAN, J.
S. Selvakumar - Petitioner
Vs.
Vijayasanthi and Ors. - Respondents
Contempt Petition No. 2714 of 2015
Decided On : 22-01-2018
Contempt Laws – Disobedience of the order – Contempt Petition is filed for the wilful disobedience of the order passed by this Court in Crl.O.P. – According to the Contempt Petitioner/Selvakumar, his marriage with the 1st Respondent/Contemnor viz. Vijayasanthi was solemnized and through the wedlock, the 1st Respondent/Contemnor gave birth to a male child viz. S.Ravivarman, – Due to some misunderstandings with the Contempt Petitioner, the 1st Respondent/Contemnor left her marital home on 28.03.2015, leaving her child there. – However, she lodged a complaint before the 2nd Respondent/Police that the Contempt Petitioner took away her child aged 2 1/2 years without her consent and had also hurt her. – Held, According to the Contempt Petitioner/Selvakumar, his marriage with the 1st Respondent/Contemnor viz. Vijayasanthi was solemnized and through the wedlock, the 1st Respondent/Contemnor gave birth to a male child viz. S.Ravivarman, – Thereafter, due to some misunderstandings with the Contempt Petitioner, the 1st Respondent/Contemnor left her marital home leaving her child there. – However, she lodged a complaint before the 2nd Respondent/Police that the Contempt Petitioner took away her child aged 2 1/2 years without her consent and had also hurt her. – It is made clear that any observation made by this Court touching the merits of the matter is only for the disposal of the Contempt Petition and it will not have any bearing in any of the Family Court matters pertaining to the dispute between the Contempt Petitioner and the 1st Respondent/Contemnor, as regards the custody of the child. – As the 1st respondent alone has committed contempt of Court and no contempt is committed by the 2nd Respondent/Police, the 2nd Respondent is discharged from the Contempt proceedings. – Contempt Petition Closed
This Contempt Petition is filed for the wilful disobedience of the order dated 06.10.2015 passed by this Court in Crl.O.P.No.23336 of 2015.
2. According to the Contempt Petitioner/Selvakumar, his marriage with the 1st Respondent/Contemnor viz. Vijayasanthi was solemnized on 30.01.2012 at Vedaranyam, Nagapattinam District and through the wedlock, the 1st Respondent/Contemnor gave birth to a male child viz. S.Ravivarman, on 09.12.2012. Thereafter, due to some misunderstandings with the Contempt Petitioner, the 1st Respondent/Contemnor left her marital home on 28.03.2015, leaving her child there. However, she lodged a complaint before the 2nd Respondent/Police that the Contempt Petitioner took away her child aged 2 1/2 years without her consent and had also hurt her.
3. Later, the 2nd Respondent/Police registered a complaint in Crime No.99/2015 on 02.09.2015. Thereafter, the Contempt Petitioner filed Crl.O.P.No.23336 of 2015 seeking Anticipatory Bail and this Court, by an order dated 06.10.2015 granted Anticipatory Bail to the Contempt Petitioner subject to the condition that he shall hand over the child to the 1st Respondent/Contemnor within 48 hours, before the Investigation Officer from the date of receipt of a copy of the order. It was further observed in the said order that the Contempt Petitioner is entitled to have the child for two days during the weekends with the right of visitation of the child, which cannot be prevented by the 1st Respondent/ Contemnor, who is the mother of the child.
4. It is further stated by the Contempt Petitioner that he complied with the order of this Court and handed over the child to the 1st Respondent/Contemnor on 11.10.2015 before the Investigation Officer. Thereafter, when the Contempt Petitioner went to the 1st Respondent/Contemnor's house at Thirunallur on 17.10.2015 to bring the child during the weekends, the 1st Respondent/Contemnor deliberately refused to show the child to him for two days. Hence, the Contempt Petitioner made a complaint on 17.10.2015 against the 1st Respondent/Contemnor and requested the 2nd respondent/Police to take action against her for disobeying the order of this Court made in Crl.O.P.No.23336 of 2015. Since there was no proper response on his compliant, the Contempt Petitioner lodged a complaint in this regard to the District Superintendent of Police, Karaikal on 26.10.2015 and also lodged complaints dated 31.10.2015 and 09.11.2015, respectively, to the S.S.P. Karaikal at Pondicherry. Since no action was taken on such complaints, the Contempt Petitioner is before this Court.
5. The 1st Respondent/Contemnor has filed a counter affidavit, wherein, she has stated that the Contempt Petitioner had kidnapped her son, Ravivarman, aged 3 years, forcefully on 31.08.2015 and that she lodged a complaint before the Inspector of Police, Thirunallar Police Station, to regain the custody of her child and the same was registered in Crime No. 99 of 2015. In this regard, she moved H.C.P.No.2336 of 2015 before this Court and as a counter blast, the Contempt Petitioner filed Crl.O.P.No.23336 of 2015 seeking Anticipatory Bail. According to the 1st Respondent/Contemnor, she was not aware of the order passed in Crl.O.P.No.23336 of 2015 and hence, she moved a Petition vide SR.No.25288 of 2016, seeking to modify the order passed therein and the said Petition is pending as on date, without being numbered.
6. It is the further case of the 1st Respondent/Contemnor, that her child is very weak and psychologically affected on seeing the grievous injuries inflicted on her by the Contempt Petitioner and that she never wilfully disobeyed the orders of this Court and sought modification of the order dated 06.10.2015 passed in Crl.O.P.No.23336 of 2015.
7. Mr. T. Kannan, learned counsel for the Contempt Petitioner submitted that during the pendency of the Habeas Corpus Petition and the Anticipatory Bail Petition, the Contempt Petitioner was asked to hand over the child to the 1st Respondent/Conte
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