Ankit Sharma v. Prachika Lochan Gupta

$~96 & 44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1058/2024, CM APPL.

38717/2024 - SEEKING PERMISSION TO PHYSICALLY MEET HIS MINOR SON ANKIT SHARMA .....Petitioner Through:

Mr.Prateek Goswami, Mr.Dhiraj Goswami and Mr.Shashank Goswami, Advocates.

versus PRACHIKA LOCHAN GUPTA .....Respondent Through:

None.

+ CONT.CAS(C) 242/2024 and CM APPL. 8324/2024 ANKIT SHARMA .....Petitioner Through:

Mr.Prateek Goswami, Mr.Dhiraj Goswami and Mr.Shashank Goswami, Advocates.

versus PRACHIKA LOCHAN GUPTA .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 16.07.2024 1.

The petitioner is seeking initiation of contempt proceedings against the respondent/wife for alleged deliberate and wilful disobedience of the directions passed by the learned MM, Mahila Court, Rohini vide order dated 05.10.2023 as well as the order dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 05:32:32

11.01.2024 and 31.05.2024 passed by the learned Family Court. 2.

None is present for the respondent despite sending advance notice.

3.

The long and short of the submissions made by learned counsel for the petitioner is that the respondent/wife has not cared to comply with the aforesaid directions of the Court and he has been denied visitation /meeting rights with the child since October, 2023. 4.

In the opinion of the Court, although the instant proceedings are pending for long, the contempt proceedings are not maintainable. Each and every judicial order, which is flouted by a party, cannot be made a subject matter of petition under Section 11 and 12 of the Contempt of Courts Act, 1971.

5.

The learned Mahila Court as well as the learned Family Courts have ample powers to execute its orders and pass appropriate orders. The present petitions are disposed of with liberty to the petitioner/husband/father to approach the learned Mahila Court as well as the learned Family Court for seeking appropriate relief. 6.

This order is passed without prejudice.

DHARMESH SHARMA, J.

JULY 16, 2024/VLD The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 05:32:32