THE HONOURABLE SRI JUSTICE P.SAM KOSHY C.C.No.2848 OF 2025

JUDGMENT

:

Heard Mr. Prabhakar Sripada, learned Senior Counsel representing Mr. Setty Ravi Teja, learned counsel for the petitioner and Mr I. Ramana Reddy, learned counsel for the respondent.

Perused the record.

2. The present contempt case has been filed alleging non-compliance of the orders dated 22.08.2025 and 12.09.2025 passed in C.R.P.No.2107 of 2025.

3. The so called nature of contempt alleged is that the mother in spite of specific direction to leave the child in the custody of the father is not leaving the presence when the father is having visitation rights and she is always in and around and thereby the order is getting violated.

4. On the other hand, the learned counsel appearing for the respondent contends that the mother also wants the child to spend some time with the father, but it is only because of the insistence of the child who frequently cries in the mother’s absence which forces her to remain there.

5. Be that as it may, considering the fact that the instant contempt case has been filed arising out of a matrimonial dispute between the two spouses, without proceeding further with the contempt case, this Court is of the considered opinion that the ends of justice as of now would be met if it is ordered that the direction issued by this Court in C.R.P.No.2107 of 2025 is complied and honoured in its letter and spirit and for which this Court appoints Mr. Ashish Changavalli (99714 67097) Advocate as an Advocate-Commissioner to remain present on every Saturday and Sunday at the given time and venue given in the order dated 12.09.2025. The Advocate-Commissioner shall be paid an amount of Rs.6,000/- (Rupees six thousand only) per visit towards his/her fees which is to be shared equally by both the spouses. The Advocate-Commissioner shall, in turn, submit a report of the developments that transpires.

6. It is further directed that in order to ensure proper compliance of the order, it is advisable that the mother shall hand over the child to the Advocate-Commissioner at the venue and who, in turn, shall hand over the child to the father and after the stipulated period of time. It goes without saying that there should not be any difficulty that the mother remains somewhere in the nearby vicinity, but definitely not in a close proximity with the father and child.

7. The contempt case stands disposed of. There shall be no order as to costs.

Consequently, miscellaneous petitions pending, if any, shall stand closed.

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P.SAM KOSHY, J

24.10.2025

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