Dixita Ghai v. Harshul Ghai

1. The present petition alleges wilful disobedience of the directions contained in the orders dated 22.03.2022, 19.10.2022 and 05.11.2022, passed in GP No.108/2021 titled as Dixita Ghai vs. Harshul Ghai.

2. The order dated 22.03.2022 passed in G.P No.108/2021 reads as under: - “Part arguments on petitioner's interim custody application heard. At this stage, parties have had mutual discussion pursuant to which respondent has agreed to hand over custody of minor child Master Angad to petitioner on every first and third Saturday of the month at 10:00 AM at Children Room, Tis Hazari. The petitioner can take the child with her and shall return back Master Angad to respondent at 4:30 PM at Children Room, Tis Hazari. The meeting place of Tis Hazari has been agreed upon by the parties as they have multiple cases pending against each other and there is apprehension of further disputes in case parties meet outside the Court Complex / Children Room. In case first and third Saturday of the month happens to be a Court holiday then the meeting shall take place on next working Saturday falling thereafter. Both parties shall ensure that meeting takes place in congenial atmosphere and they do not speak ill about each other or their respective family members in presence of the minor child. Be listed for further arguments on petitioner's interim application on 01.06.2022 at 2:00 PM. Copy of order given dasti to learned counsels for parties, as praved for.”

3. The order dated 19.10.2022 passed in G.P No.108/2021 reads as under:-

4. The order dated 05.11.2022 passed in G.P No.108/2021 reads as under: - “Vide order dated 22.3.2022, the petitioner-mother was permitted to take the custody of her minor son, aged about 4 years, on the first and third Saturday of every month and it was further decided between the parties that the petitioner-mother would take the custody of the child at 10:00 AM from Children Room and will give hack the custody to the respondent-father in the evening on the same day at 04:30 PM. From last several dates, the petitioner-mother was informing the court that respondent-father is not bringing the child in compliance of order dated 22.03.2022, regarding which she filed application also The matter was listed before the court on 19.10.2022, when the respondentfather said that the child does not want to meet his mother and in this regard, he placed on record the order dated 23.06.2022 of l.d. Mahila Court, Saket, wherein certain observations are made on the behaviour of the child while meeting the petitioner-mother, therefore, vide order dated 19.10.2022, this court directed that on the scheduled meeting of the petitioner-mother with the child, the custody will be handed over in the presence of the undersigned today at 09:30 AM. Today, petitioner-mother alongwith her minor daughter, aged about 1 ½ years, is present in the court room since 09.30 AM to take custody of her son but the respondent-father has not appeared from last half an hour, therefore, the court staff and In charge, Children Room, Tis Hazari Court, were asked to make phone call to the respondent-father and his counsel. Sh. Sudhir. Orderly, attached with this court submits that despite repeatedly calling the respondent-father and his counsel, they are not picking his calls. Screenshot of the call log of Sh. Sudhir, Orderly, is attached on the file. In the meantime, In-charge, Children Room, has also appeared and has filed her written report that she has tried to contact the respondent-father thrice but he did not take her call, therefore, she made a telephonic call to his counsel Sh. Lal Singh who told that last night the respondent-father had gone to the party from where he came late, therefore, he (respondent) has not come to court but will reach by 11:30 AM. The conduct of the respondent-father on the face of it is not acceptable to the court as on earlier occasions also, the petitioner-mother has informed the court that respondent-father has not brought the child in Children Room in compliance of order dated 22.03.2022. The petitionermother submits that she has not met her son since long time, therefore, she will further wait for the child. At her request, put up at 11:30 AM. (Charu Aggarwal) Judge Family Court-02, West District, THC-05.11.2022 At 11:30 AM Present: As above. Petitioner-mother alongwith her minor daughter and counsel is present in court but the respondent/father has not appeared. Petitioner-mother submits she is eagerly waiting to meet her son and will wait till 12:00 Noon. Put up at 12:00 Noon. In the meantime, In-charge, Children room, is directed to file her report since March-2000 till 15.10.2022 (scheduled meetings as per order dated 22.03.2022) showing the presence of the parties in the Children Room, Tis Hazari Court, Delhi. Judge Family Court-02, West District, THC-05.11.2022 GP No.108/2021 Dixita Ghai Vs. Harshul Ghai 05.11.2022 At 12:00 Noon Present Petitioner-mother with her minor daughter and counsel Sh Ajay Chawla. None for respondent/father. Petitioner-mother submits that her daughter is very small and since morning she is eagerly waiting for her son but now her daughter, aged about 2 years, has started crying but she will still wait for further 15-20 minutes and thereafter, she seeks liberty to leave She is allowed to leave as per her convenience. In-charge, Children Room, has filed her report of even date showing the presence of both the parties in Children Room as per order dated 22.03.2022 The said report clearly shows that respondent-father has no respect for court of law. In pursuance of order dated 22.03.2022, total 15 scheduled meetings were fixed till 15.10.2022, out of these 15 meetings, respondent-father has brought the child only on five scheduled meetings i.e. 02.04.2022, 16.04.2022, 07.05.2022, 02.07.2022 and 06.08.2022, and in remaining ten meetings, he either came late at 01:00 PM, 01:20 PM, 02:00 PM or 02:40 PM or did not come, at all with the child. Today, this court is not passing any adverse order against the respondentfather since he has filed an application seeking modification of order dated 22.03.2022 and the observations of ld. Mahila Court on the behaviour of the child are also brought to the notice of this court. Matter is fixed before the court on 19.12.2022, for arguments on all pending applications. In the meantime, respondent-father is directed to comply the order dated 22.03.2022 in letter & spirit. The next scheduled meeting of the mother with the child is on 19.11.2022. The same directions contained in order dated 19.10.2022, are hereby passed that the custody of the child will be handed over to the petitionermother, on 19.11.2022 at 09.30 AM, in the presence of undersigned in the chamber. Judge Family Court-02, West District, THC-05.11.2022 At 01:00 PM File again taken up as the respondent-father has appeared with the minor child/son and proxy counsel Sh. Sahil Gandhi. Present: Respondent/father with his son and proxy counsel Sh. Sahil Gandhi. Respondent-father submits that he did not appear in the morning since the child was reluctant in coming to the court except this no other plausible reason has come forward as to why the respondent-father has not come to the court in the morning at 09.30 AM to hand over the custody of the child to the petitioner mother in compliance of order dated 19.10.2022. It is the duty of the custodian parents to make understand the child that the love and affection of non-custodian parent is equally important. Respondent-father is apprised about the directions passed hereinabove regarding the handing over the custody of the child to the petitionermother on the next scheduled meeting on 19.11.2022 at 09:30 AM, in the presence of the undersigned in the chamber.”

5. It is submitted that despite repeated directions, the petitioner is not being afforded visitation in terms of the aforesaid directions.

6. It is also pointed out that vide order dated 21.12.2022, passed in these proceedings, this Court recorded a prima facie finding that the respondent is guilty of committing contempt of the aforementioned orders. Again, vide order dated 25.07.2023 passed in the present proceedings, it was recorded as under:

7. Learned counsel for the petitioner also draws attention to the fact that in the last three months visitation has been afforded to the petitioner only on three occasions. It is submitted that on most occasions, the visitation was avoided by the respondent, citing some reason or the other.

8. During the course of hearing, learned counsel for the respondent, on instructions from the respondent, who appears virtually, submits that the respondent is not averse to affording visitation to the petitioner.

9. Accordingly, it is directed as under:

(i) On 11.04.2026, visitation of the petitioner with the child shall take place at the Delhi High Court Mediation and Conciliation Centre (DHCMCC) from 11.00 AM to 02.00 PM. The said interaction between the petitioner and the child shall take place in the presence of a child counsellor to be appointed by the DHCMCC;

(ii) The respondent shall not remain present at the time of visitation/interaction;