Non-compliance with visitation orders constitutes contempt, and parties must obey court orders pending any modifications. Violations lead to penalties for contempt of court.

ORDER:

This Contempt Case is filed by the petitioner under Section 10 to 12 of the Contempt of Courts Act read with Article 215 of the Constitution of India to punish the respondent – contemnor for gross and willful violation of the orders of this Court dated 04.03.2022 passed in C.R.P.No.291 of 2022 against the order dated 07.01.2022 passed in I.A.No.3645 of 2021 in I.A.No.981 of 2020 in G.W.O.P.No.27 of 2020.

2. The petitioner and respondent are husband and wife respectively. Out of their wedlock, they were blessed with a male child by name Reyansh Singh born on 18.10.2016. Due to the differences between the petitioner and the respondent they were residing separately and the minor boy was in the custody of the respondent i.e. his mother. The petitioner was residing in Netherlands due to his employment and the respondent was a resident of Narsingi, Rangareddy District, Telangana. The petitioner filed an application under Guardian and Wards Act, 1890 vide G.W.O.P.No.27 of 2020 for custody of the minor and he was allowed visitation rights in the said O.P, as per the orders in I.A.No.981 of 2020 dated 30.11.2020. The Family Court granted visitation of the minor boy to the petitioner through video conferencing on every Sunday between 11:00 AM to 12:00 Noon for a duration of one hour starting from the month of December, 2020 and also appointed an Advocate Commissioner / Coordinator to monitor the process of visitation through video conferencing by fixing the fee of the Commissioner @ Rs.2,500/- for each visitation to be paid by the petitioner. The respondent filed C.R.P.No.187 of 2021 to dismiss the order passed in I.A.No.981 of 2020. This Court dismissed the CRP and upheld the orders passed in I.A.No.981 of 2020. Subsequently, the petitioner filed I.A.No.3645 of 2021 in I.A.No.981 of 2020 in G.W.O.P.No.27 of 2020 seeking physical visitation rights of the child whenever he was in India and the Family Court at L.B.Nagar, Rangareddy District allowed the petition in part granting visitation rights to the petitioner of his minor son Reyansh Singh on every Monday and Wednesday between 03:00 PM to 05:00 PM at the Family Court premises, Rangareddy District whenever the father of the boy was in India. The said order was passed on 07.01.2022. Against the said order, the respondent preferred C.R.P.No.291 of 2022. This Court modified the order in I.A.No.3645 of 2021 dated 07.01.2022 granting physical visitation rights of Master Reyansh to the petitioner on every working Saturday between 01:00 PM to 05:00 PM whenever the respondent – father comes to India. It was further specified that whenever he is in Netherlands, the respondent – father could have visitation rights of the child through video conferencing (online) as ordered by the Court below in I.A.No.981 of 2020 dated 30.11.2020. For violation of the above orders passed in C.R.P.No.291 of 2022 dated 04.03.2022, the petitioner preferred this Contempt.

3. Heard Sri B.Subash, learned counsel for the petitioner and Ms.B.Sapna Reddy, learned counsel for the respondent – contemnor.

4. Learned counsel for the petitioner submitted that the respondent was disregarding the directions given by this Court in C.R.P.No.291 of 2022 and displaying a flagrant disregard to the orders passed by this Court. Init