The court reaffirmed that the welfare of the child is paramount in custody and visitation disputes, justifying modifications to visitation rights in contempt proceedings.

JUDGMENT:

(per Hon’ble Sri Justice P.SAM KOSHY)

The instant Contempt Appeal has been filed by the appellant under Section 19 of the Contempt of Courts Act, 1971 assailing the order dated 20.02.2025 in C.C.No.2350 of 2023 passed by a learned Single Judge of this Court.

2. Heard Ms.B. Sapna Reddy, learned Senior Standing Counsel, appearing on behalf of appellant; and Mr.B. Subash, learned counsel for the respondent.

3. Vide order dated 20.02.2025 in C.C.No.2350 of 2023, the learned Single Judge of this Court allowed the contempt case by holding the appellant guilty of contempt of order dated 04.03.2022 in Civil Revision Petition No.291 of 2022 passed by this Court and directed the appellant to pay an amount of Rs.2,000/- for each violation committed by the appellant from 26.02.2023 onwards.

4. For properly appreciating the dispute and the core issue involved in the instant appeal, it would be more appropriate if we look into the order which was originally passed by the High Court in Civil Revision Petition No.291 of 2022, dated 04.03.2022. For ready reference, the operative portion of the order is extracted as under, viz., “In this case, it is to be seen that already the respondent-father is enjoying the online visitation rights on every Sunday between 11.00 a.m. to 12.00 noon, by virtue of the order dated 30.11.2020 in I.A.No.981 of 2020. Insofar as physical visitation rights granted in I.A.No.3645 of 2021 is concerned, the Court below granted physical visitation rights to the father on every working Monday and Wednesday between 03:00 P.M. to 05:00 P.M. at Family Court premises, Ranga Reddy District, whenever he comes to India, which may affect the education of the boy as the boy attends the school on the above said days. Therefore, it is not advisable to grant visitation rights to the father on working days.

In view of the same, the order of the Court below in I.A.No.3645 of 2021, dated 07.01.2022, is modified and the respondent / father is granted physical visitation rights of his minor son by name Reyansh on every working Saturday between 01:00 P.M. to 05:00 P.M. whenever the respondent / father comes to India. Whenever he is in Netherlands, the respondent / father can have visitation rights of the child through video-conferencing (on-line) as ordered by the Court below in I.A.No.981 of 2020, dated 30.11.2020.

Accordingly, the Civil Revision Petition is disposed of. No order as to costs.”

5. Alleging willful non-compliance and disobedience of the above order, the respondent (husband) herein filed Contempt Case No.2350 of 2023. Vide order dated 20.02.2025 in Contempt Case No.2350 of 2023, a learned Single Judge of this Court allowed the said Contempt Case and held the appellant (wife) herein guilty of contempt of court under Sections 10 to 12 of the Contempt of Courts Act, 1971, at paragraph Nos.23 and 25 as under, viz.,

“23. Thus, in this Contempt Petition, this Court cannot travel beyond the four corners of the order alleged to have flouted. As the report of the Advocate-Commissioner is supporting the contentions of the petitioner and his counsel about the violations committed by the respondent, this Court deems it appropriate to punish the respondent under Sections 10 to 12 of the Contempt of Courts Act for violation of orders of this Court and direct her to pay an amount of Rs.2,000/- for each violation committed by her on the above dates from 26.02.2023 onwards to till date. The respondent is also directed to furnish a bond of Rs.2,00,000/- in favour of Registrar (Judicial) of this Court as security for future compliance of the orders of this Court within a period of four (04) wee