The Supreme Court has recently issued notice for Contempt of Court for its order on visitation rights granted to a father. Earlier, on an SLP filed by the father, the Court had directed the District Legal Services Authority, Chandigarh to appoint a para-legal volunteer to ensure the implementation of the order of Family Court for visitation rights to the father.

The Bench of Justice BR Gavai and Justice Prashant Kumar Mishra noted that the mother didn't comply even with the directions of Apex Court, given vide order dated September 19. Earlier, a Bench of Justice BR Gavai, Justice Aravind Kumar and Justice KV Viswanathan ordered on September 19, "We hereby direct the District Legal Services Authority, Chandigarh to appoint a para-legal volunteer to ensure that the implementation of visitation rights, as granted by the learned Family Court".

"Issue notice, returnable within four weeks," the Court said in its order dated October 14.

However, the Bench clarified that the personal presence of the alleged contemnor(s)/respondent(s) are dispensed with, unless so specifically directed by this Court.

Pertinently, on September 19, the Court heard an Application filed by the father with a grievance that though the visitation rights have been granted by the Trial Court, the wife was not permitting the same to be implemented.

The Bench had further stated, "The petitioner/applicant would pay the fees of the para- legal volunteer. Needless to state that the directions issued by this Court shall continue to operate until the application filed by the respondent for the child’s custody is finally decided."

"We clarify that we are passing the aforesaid directions in the peculiar facts and circumstances of the present case and the application for the child’s custody will be decided on its own merits. The application for direction as well as special leave petitions, including pending application(s) are, accordingly, disposed of," the Court had ordered.

Cause Title: Sourabh Soni v. Nitika Dhir [Special Leave to Appeal (C) No(s). 2775-2776/2024]

Appearance:-

Petitioner: Senior Advocate Kiran Suri, Advocates T.s. Shanthi, Sanjeev Kumar, Sneha Irine Kachhap, Amith J, T. R. B. Sivakumar, AOR

Respondent: Advocates R. K. Tarun, S. Rani, Aditi Shivadhatri, Yadav Narender Singh, AOR)


Click here to read/download the Sept 19 Order


Justice BR GavaiJustice Prashant Kumar MishraContempt of Courts Act 1971

Sukriti Mishra