IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, B.R.MADHUSUDHAN RAO, JJ.
Shujahat Hussain - Appellant
Vs.
Sidra Hussain And Others - Respondent
CC No.1388 of 2025
Decided On : 16-07-2025
ORDER :
The contempt case arises out of an order dated 04.03.2025 passed by this Court in Writ Petition No.4440 of 2025 filed by the respondent No.1/alleged contemnor.
2. The writ petition was filed by the alleged contemnor (mother of the three minor children) for a writ of habeas corpus directing the respondent Nos.1 to 4/State Authorities to produce the children before the Court. The respondent No.1/alleged contemnor also filed IA No.1 of 2025 in WP No.4440 of 2025 for visitation rights pending disposal of the writ petition.
3. The petitioner in the contempt case, who is the respondent No.5 in the said writ petition, filed a Guardianship and Wards Original Petition (GWOP No.55 of 2025) before the learned 1st Additional Family Court Judge, Integrated Family Court, Kalpataru at Hyderabad, for permanent custody of the three minor children on 22.02.2025. The writ petition was filed by the alleged contemnor on 13.02.2025.
4. On 04.03.2025, after hearing learned Counsel appearing for the writ petitioner (alleged contemnor), the respondent No.5 (the contempt petitioner) and the respondent Nos.1 to 4/State Authorities, the writ petition was disposed of alongwith connected applications, including the IA filed by the writ petitioner/alleged contemnor for visitation rights.
5. The Court permitted the writ petitioner to visit the thee minor children on every Saturday and Sunday from 05:00 p.m. to 08:00 p.m., whenever, the writ petitioner is in Hyderabad. The Court further directed that the writ petitioner/alleged contemnor shall be responsible for picking up and dropping off the children to the residence of the respondent No.5/contempt petitioner within the time frame directed. The visitation hours were fixed according to the convenience indicated by Counsel appearing for both the parties and the fact that the children attend school on Saturdays till 03:00 p.m.
6. The Court was informed that the respondent No.5/contempt petitioner resides in Hyderabad with the three minor children, while the writ petitioner/alleged contemnor lives in Bhopal and occasionally visits Hyderabad. The writ petition was disposed of primarily on the ground that the writ petitioner/alleged contemnor can contest the proceedings filed by the respondent No.5/contempt petitioner in the Family Court.
7. The present contempt case has been filed by the petitioner (respondent No.5 in the writ petition) alleging violation of the order dated 04.03.2025.
8. The undisputed facts stated in the affidavit are that on 21.06.2025, the respondent No.1/alleged contemnor took the children from the contempt petitioner’s house. The contempt petitioner tried to contact the alleged contemnor on her mobile phone, but the phone was found to be switched off. The contempt petitioner also tried to contact the parents of the respondent No.1/alleged contemnor, and around 09:30 p.m., on 21.06.2025, came to know that the alleged contemnor had taken the children with her to Bhopal, Madhya Pradesh, by Indigo Flight No.6E-7594, which departed Hyderabad at 07:15 p.m., on the same day. The contempt petitioner lodged a complaint with the Jubilee Hills Police Station, at 23:17 hours on 21.06.2025. GWOP No.55 of 2025 filed by the contempt petitioner before the Family Court, Kalpataru, Hyderabad, seeking permanent custody of the children is pending as on date.
9. The above facts have not been disputed by the respondent No.1/alleged contemnor in the counter. The counter states that the children are currently in the custody of the alleged contemnor and have been enrolled in a school in Bhopal. The counter further alleges that the contempt petitioner ill-treated the alleged contemnor, neglected the minor children and voluntarily handed the children over to the alleged contemnor’s custody.
10. The other averments contained in the affidavit filed in support of the contempt case and the counter filed by the respondent No.1/alleged contemnor are not relevant for the purpose of the present contempt case.
11. We have heard
The court reaffirmed that the welfare of the minor child is paramount, emphasizing the necessity for strict compliance with custody orders.
A party who is fully aware of the court orders and acts in violation thereof, commits contempt of court, even if the party did not appreciate that the act or omission breached the order.
Contempt of Court – Power of Supreme Court to punish for contempt is not confined to procedure under Contempt of Courts Act – It is within constitutional power of Supreme Court to consider contumacio....
Power of Supreme Court to punish a person for contempt is unrestricted by Contempt of Courts Act, 1971.
The court reaffirmed that the welfare of the child is paramount in custody and visitation disputes, justifying modifications to visitation rights in contempt proceedings.
Custody agreements must be strictly followed; wilful breach of such orders constitutes contempt, especially when the child's welfare is at stake.
Failure to comply with court orders triggers contempt proceedings, regardless of any pending appeals against such orders or administrative hurdles.
Contempt powers must be exercised sparingly, considering the emotional context of litigants, and apologies may mitigate consequences if sincere.
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