The court emphasized that custody decisions must prioritize the child's welfare and mental preparedness, while also ensuring compliance with existing court orders.

JUDGMENT :

MANOJ JAIN, J.

1. Learned counsel for respondent appears on advance notice.

2. Respondent Jatinder Kumar is also present in person.

3. Petitioner had filed a petition under Section 7, 12 and 25 of Guardian & Wards Act, 1890 seeking custody of her minor daughter and vide order dated 18.04.2024, her such petition was allowed and she was granted permanent custody of her such daughter. Respondent was also, simultaneously, directed to handover her custody to the petitioner within a period of eight weeks. Para 17, 18, 19 and 20 of such order read as under:-

“17. Another factor which is to be considered for the custody of the child is that the minor is the female child who needs constant guidance and affection of her mother especially when she enters in her teens. Further, it shall be in the best interest of the child if she grows up in the company of her real sister instead of her cousins.

18. In view of the above discussion, the petitioner is granted permanent custody of the female child namely Ridhima. The respondent shall hand over the custody of the child to the petitioner within a period of eight weeks from today. Keeping in view the interest of the child, both parties shall co-operate with each other in complying with the directions of the Court.

19. However, this case is not oblivious of the efforts made by the respondent in upbringing the child as are revealed from the interaction with the child and it shall not be in the welfare of the child to totally uproot the child from her familiar surroundings where she is residing since her birth and she has been in exclusive care & custody of her father/respondent after dispute between the parties. It shall be in the welfare of the child if the the respondent is granted overnight custody of the child baby Ridhima during weekends and holidays/vacations. The respondent is at liberty to take the custody of the child baby Ridhima from the house of petitioner in the morning of every Saturday at 11:00 AM and hand over the custody of the child back to the petitioner at her premises in the evening of every Sunday. After giving due regard to the wishes of the child and home assignments of the child during vacations the petitioner shall make the child available for her interim custody to the respondent for a sufficient period. Parties shall maintain a congenial atmosphere while co-ordinating for the visitation and at the time of handing over and taking the custody of child. Petitioner shall not imbibe any negativity in the mind of the child against her father due to her disputes with the respondent and the respondent shall continue to contribute towards the education and maintenance of the minor child.

20. The present petition stands disposed of accordingly. Decree Sheet be prepared accordingly. File be consigned to record room after compliance.”

4. Evidently, feeling aggrieved by the above said order dated 18.04.2024, the respondent i.e. father filed an appeal which was registered as MAT. APP. (F.C.) 324/2024. Such appeal was, eventually, taken up for further consideration on 22.10.2024 by learned Division Bench of this Court and on account of the fact that the appellant himself had submitted before the Court that he did not want to press his above said appeal, the appeal was disposed of. Simultaneously, the appellant, who was present in the Court, had assured the Court that custody of the child would be handed over to the petitioner/mother on 28.10.2024 before Mediation Centre, Tis Hazari Court, New Delhi.

5. The grievance raised in the present contempt petition is merely to the effect that despite the above said categoric direction and dismissal of the appeal, the custody has yet not been handed over.

6. Learned counsel for respondent submits that there is no intention to disobey the directions of the Court. She submits that since the child was not mentally prepared enough and was not ready to go with her mother, the order could not be implemented.

7. It is also submitted that the petitione