Sarla Kohli v. Harish Kohli

1. Consequent to the order passed on 17 CCP(O) 30/2021 th August, 2021, the plaintiff was visited by Insp. Gursewak Singh, SHO, P.S. Khayala alongwith SI Sandip Malik, Chowki In-charge Raghubir Nagar and Mr. Sanjay Pokhriyal, Joint Registrar of this Court, who was deputed for the said purpose by the Registrar General. A status report stands filed by the SHO, PS Khayala, which clearly states that (i) Mr. Pankaj Kohli, the son of the plaintiff, was frequently visiting the plaintiff and staying with her since 20th /21st May, 2021, (ii) the defendant was not allowing access, to the son of the plaintiff, to the property in question, i.e. FE-04, Shivaji Enclave, and was objecting to the plaintiff’s son having access to her, (iii) there was no apparent threat to the plaintiff 2021:DHC:2569 from her son and (iv) though the plaintiff desire to reside with her son, the defendant was not allowing it.

2. In my opinion, in these circumstances, there is no justification for the defendant obstructing access, to the plaintiff, of her son Mr. Pankaj Kohli.

3. Accordingly, this Contempt Petition is disposed of with the following directions:

(i) Mr. Shahi, learned Counsel for the defendant submits that as there is a nearby slum, there is a possibility of threat to the plaintiff, if the premises are open to access to outsiders. As such, he submits that his client would place a lock on the gate of the premises and would give one of the keys of the lock to the plaintiff. He is directed to give one set of the keys of the lock to the plaintiff as well as to her son Mr. Pankaj Kohli within 48 hours.

(ii) There shall be no impediment in access, to the plaintiff, of Mr. Pankaj Kohli. The defendant is directed not to obstruct, in any manner, Mr. Pankaj Kohli visiting his mother or staying with her.

(iii) Copies of the medical record of the plaintiff, and of the treatment administered to her in the hospital would be made available to the plaintiff as well as to Mr. Pankaj Kohli.

4. With these directions, Mr. Yadav, learned Counsel for the plaintiff submits that his client is satisfied and that she does not seek any further relief in this contempt petition. The Contempt Petition stands disposed of accordingly.

5. This Court expresses its appreciation for the prompt manner in which the police authorities, namely Insp. Gursewak Singh, SHO, PS Khyala and SI Sandip Malik, Chowki In-charge Raghubir Nagar, complied with the directions issued by this Court. This note of appreciation may be placed on the official record of the said officers.

6. The Court also expresses its gratitude to the Registrar General for having deputed a competent officer to accompany the police officers in executing the aforesaid commission.

C. HARI SHANKAR, J

AUGUST 23, 2021