The court reaffirmed that the welfare of the minor child is paramount, emphasizing the necessity for strict compliance with custody orders.

ORDER : 

1. Heard Sri Nageshwar Rao Pujari, learned Counsel appearing on behalf of the petitioner and Sri Krishna Murthy Devarakonda, learned Counsel appearing on behalf of respondents.

2. The present contempt case is filed assailing non-compliance of the orders of this Court dated 03.11.2023 passed in WP No.24231 of 2023 under Sections 10 to 12 of the Contempt of the Court Act, 1971 and praying this Court to punish the respondents herein for willful disobedience of the orders passed by this Court in WP No.24231 of 2023 dated 03.11.2023.

3. Relevant Para Nos. 3 and 7 of the order dated 03.11.2023 passed in WP No.24231 of 2023 is extracted hereunder:

"3. The Hon'ble Division Bench of this Court vide its order dated 09.08.2023 passed in WP No.20129 of 2023 filed by the petitioner herein invoking the writ of habeas corpus seeking production of petitioner's minor daughter Kasula Medha Sree on an earlier occasion issued certain specific directions which are extracted here under :

"I. Respondent Nos.6 and 7 are directed to comply with the orders dated 30.06.2023 in IA No.29 of 2022 in GWOP No.38 of 2022 passed by the learned Principal District and Sessions Judge-cum-Family Court, Medchal-Malkajgiri District at Malkajgiri.

II. They shall cooperate with the petitioner in taking the minor child by name 'Kasula Medha Sree' during the aforesaid period.

III. They shall not create any hurdle including locking of house, non-availability of the minor child etc.

IV. They shall give custody of the minor child on 2nd and 4th Sunday in a month to the petitioner to enable him to take the minor child to his house from 10.00 a.m. to 05.00 p.m.

V. They shall bring the child to the house of the respondent Nos.6 and 7 after 05.00 p.m., on the aforesaid days in compliance with the order dated 30.06.2023.

VI. Liberty is granted to the respondent Nos.5 and 6 to seek modification of the aforesaid order dated 30.06.2023 and also to challenge the said order.

VII. Violation if any of this order by the parties will be viewed seriously.

VIII. Respondent Nos.5 to 7 are directed not to leave the Country with minor child during the pendency of the aforesaid GWOP No.38 of 2022 without obtaining prior permission of the Court below in GWOP No.38 of 2022.

IX. This order is subject to result of CRP (SR) No.29709 of 2023 filed by the petitioner."

7. Taking into consideration the submissions made by learned Counsel appearing on behalf of respondent Nos.4 and 5, this Court opines that the Condition No.VIII of the said conditions as imposed by this Court in order dated 09.08.2023 passed in WP No.20129 of 2023 has been duly complied with and the respondent Nos.4 and 5 are directed to follow the said Condition No.VIII strictly."

4. It is specifically averred at Para '7' of the affidavit filed by the petitioner as under :

7. I respectfully submit that on 14.01.2024, being the Second Sunday, as per the orders of the Hon'ble Family Court in IA No.29 of 2023, I alongwith my parents went to the house of the respondent Nos.2 and 3 in order to collect my child, at 10.15 a.m. To my utter surprise, I was greeted with an open door unlike before, where the respondent No.2 and the Counsel on record for respondent No.1 in GWOP alongwith few other persons were present. When I asked the respondent No.2 to bring my minor child so that I can take her to my home as per the orders, the respondent No.2 replied that the child is not available and the respondent No.1 had taken the child and told us to leave. When I sought for the clarification of the same, the said Counsel intervened. At that time, I had shown the said Counsel the copies of the orders in IA No.29 of 2023 granting me visitation on 2nd and 4th Sunday, copy of the order in WP No.20129 of 2023 restraining the respondent Nos.1 to 3 from leaving the Country with the child without permission of the Family Court and the copy of the order in WP No.24231 of 2023 where the Hon'ble Court stated that the Direction No.viii in WP No.20129 of 2023 ought to be