Court No. - 2

Case :- CONTEMPT APPLICATION (CIVIL) No. - 5075 of 2020

Applicant :- Rahul Gupta

Opposite Party :- Dipti Arora

Counsel for Applicant :- Akhilesh Singh,Shivam Yadav

Hon'ble Suneet Kumar,J.

Heard the learned counsel for the applicant.

The instant contempt petition has been filed for violation of the order

dated 13.7.2019 passed by Additional Principal Judge, Family Court,

Gautam Buddh Nagar, granting visitation right to the applicant, father of

the minor child, whereby, opposite party will arrange meeting on every

Sumday from 10 A.M. to 1 P.M. in Play Day Park.

Since disputed questions of fact are involved, which cannot be gone into in

contempt jurisdiction. Applicant has remedy under Order 39 Rule 2(A) of

the Code of Civil Procedure. This Court in contempt jurisdiction would

decline to return finding on disputed questions of fact.

Reference may be made in this regard to a decision of this Court dated

18.09.2013 passed in Contempt Application (Civil) No. 4384 of 2013,

wherein similar issue fell for consideration. The order dated 18.09.2013

reads thus:

"Heard learned counsel for the applicant.

This application under Section 12 of the Contempt of Courts Act, 1971