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High Court of DelhiCONT.CAS(C)/1141/2024

Lieutenant Colonel Hitendra Singh v. Mrs Abhilasha Singh

2024-07-25Hon'Ble Mr. Justice Dharmesh Sharma2 pages

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1141/2024, CM APPL. 41806/2024 - FOR DISPENSING FROM FILING CERTIFIED COPIES LIEUTENANT COLONEL HITENDRA SINGH .....Petitioner Through:

Mr.Govind Bali and Mr.Ishpreet Singh, Advocates.

versus MRS ABHILASHA SINGH .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 25.07.2024 1.

The petitioner/husband is seeking initiation of contempt proceedings against the respondent/wife for repeated and contumacious disobedience of the directions of the Family Court, Dwarka, South West dated 05.04.2024, 24.04.2024 and lastly the directions passed on 07.06.2024.

2.

None appeared for the respondent, despite sending advance notice.

3.

Long and short of the submissions made by the learned counsel for the petitioner is that, despite the aforesaid directions being passed by the learned Principal Judge, Family Court, the respondent/wife has been flouting the directions and not affording visitation/meeting rights to the petitioner. It is also submitted that presently, the application seeking implementation of directions as also contempt against the 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 04:41:59

respondent/wife has also been filed before the learned Principal Judge, Family Court, Dwarka South West, which is now listed for hearing on 13.08.2024.

4.

Having gone through the averments made by the petitioner, prima facie it appears that the respondent has been flouting the directions passed by the learned Family Court and the frustration of the petitioner is quite evident given that he has not been afforded quality time to meet his two children.

5.

Having said that, contempt proceedings cannot be initaited for every order or decree which is flouted by the opposite party. The learned Family Court is competent enough to pass appropriate directions including coercive action, for implementation of its orders/directions. It is impressed upon the learned Principal Judge, Family Court, South West, that appropriate proceedings shall be initiated against the respondent/wife if she is found to be in wilful and contumacious disobedience of the directions of the Court and if need be, exemplary costs be imposed upon the respondent, in accordance with law.

6.

The present petition stands disposed of.

7.

Copy of this order be sent to the learned Trial Court for information and necessary compliance.

DHARMESH SHARMA, J.

JULY 25, 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 04:41:59