Father Free To File Contempt Proceedings If Mother Violates Order: Bombay HC While Allowing Woman To Relocate To USA With Minor Daughter
The Bombay High Court has allowed a woman to relocate to USA with her minor daughter but with a condition that the husband i.e., the father of the said minor would free to file contempt proceedings against wife if she violates order in relation to the access.
The Court was hearing an interim application filed by the applicant (mother/wife) seeking permission to take her daughter abroad along with her. The applicant had secured a job for herself in USA and since the custody of the daughter was with her, the permission was sought.
A Division Bench comprising Justice B.P. Colabawalla and Justice M.M. Sathaye said, “Considering that the Applicant-mother is now going to take the child outside the jurisdiction of this Court, it would only be fair and equitable that if it is the case of the Opponent-father that the mother has violated the order in relation to the access, he would be free to file contempt proceedings against the Applicant-mother. In those contempt proceedings, if the Court comes to the conclusion that there has been a willful disobedience of the consent terms in relation to the access, this Court hearing the contempt matter, would have the power and jurisdiction to call upon the Applicant-mother to release her 50% share in Flat”
The Bench observed that if for any reason the applicant does not release her share in the said Flat, the Court hearing the contempt matter is free to appoint the Court Commissioner to act on behalf of the applicant for transfer of her 50% share to the opponent-father.
Advocate Abhijit Sarwate appeared for the applicant/appellant while Advocate Amol Jagtap appeared for the appellant/respondent.
In this case, both husband and wife had settled their disputes by entering into consent terms and as per the same, the opponent gave his consent to allow daughter to relocate with the applicant in USA on the terms and conditions more particularly set out in the consent terms. The consent terms provided for virtual access, physical access, school of the daughter, and certain other terms and conditions.
The consent terms also provided for withdrawal of certain criminal cases as more particularly set out therein. The same were signed by the applicant as well as the opponent. They both stated that they signed the consent terms after reading and understanding the same as well as the implications thereof. They both further stated before the Court that they would strictly comply and abide with the terms and conditions of the consent terms.
The High Court in view of the facts and circumstances of the case noted, “In the consent terms, there is nothing that is set out as to what would be the consequences if the order of access is not complied with. … if this Court holds the Applicant-mother in contempt of the consent terms, the Opponent father is also at liberty to forward the orders of this Court (passed in contempt) to any authorities for further action.”
The Court added that the aforesaid would, at least to a certain extent, safeguard the rights of the opponent-father in the event there is any contempt committed by the applicant-mother and for which she is held guilty by the court.
Accordingly, the High Court disposed of the application.
Cause Title- Pooja Shantanu Pashankar @ Pooja Thadani v. Shantanu Dhananjay Pashankar (Neutral Citation: 2023:BHC-AS:25903-DB)
