Gurpreet Singh Maken v. Jaismeen Soni

$~100 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1101/2024 GURPREET SINGH MAKEN .....Petitioner Through:

Mr. Pratham Arora and Mr.

Inder Bir Singh, Advs.

versus JAISMEEN SONI .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 22.07.2024 1.

This hearing is being conducted through hybrid mode. CM APPL. 40478/2024 (Ex.) 2.

Allowed, subject to all just exceptions.

3.

The application stands disposed of.

CONT.CAS(C) 1101/2024 4.

The petitioner/husband is seeking initiation of contempt proceedings against the respondent/wife for wilful disobedience of the decree dated 04.07.2018 passed in HMA No. 887/2018, whereby inter-alia, the petitioner has been granted the visitation rights to meet his daughter once in every 15 days at a public place on weekends. 5.

None appeared on behalf of the respondent despite sending advance notice.

6.

Learned counsel for the petitioner has urged that despite clear undertaking given by the respondent in terms of the MoU dated 03.07.2017, which forms a part of the decree passed by the learned Principal Judge, Family Courts, the respondent/wife is in wilful 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 05:20:30

disobedience of the directions of this Court and has not afforded any visitation/meeting rights to the petitioner.

7.

This Court is of the opinion that the contempt proceedings cannot be invoked for each and every violation of the judicial order that is passed by any Court of law. The aforesaid order is clearly executable in nature and it would be appropriate for the petitioner to approach, if so advised, before the learned Principal Judge, Family Court and seek execution of the orders. Needless to say, the Family Courts have ample powers to execute its order and, in that process, pass appropriate coercive measures so as to ensure the compliance of its orders.

8.

The present petition is disposed of accordingly without prejudice.

DHARMESH SHARMA, J.

JULY 22, 2024 sp 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 05:20:30