Dr Shamima Akhtar v. Dr Asif Iqbal

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1373/2024 DR SHAMIMA AKHTAR .....Petitioner Through:

Ms.Suman Kukrety, Advocate with petitioner in person.

versus DR ASIF IQBAL .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 02.09.2024 CM APPL. 50405/2024 - EXMP.

1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CONT.CAS(C) 1373/2024 3.

The petitioner/mother is seeking initiation of contempt proceedings against the respondent/father for alleged wilful disobedience of the directions contained in the order dated 25.01.2024 passed by learned Principal Judge, Family Courts, South East District. 4.

None is present for the respondent/father despite service of advance notice.

5.

Learned counsel for the petitioner/mother has alluded to the aforesaid order dated 25.01.2024. It is stated that the respondent/father creates nuisance and all kinds of hindrances to 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 04/09/2024 at 12:21:04

prevent the petitioner/mother from having an effective meeting with the child. It is submitted that on several occasions, the child has not been brought to the meetings as per the directions of the Court. It is also pointed out that the respondent /husband has even changed his residential address. However, the details of the school in which the child is studying are known to the petitioner/mother. 6.

Although the conduct of the respondent/husband appears to be contumacious in nature, since this Court is of the view that learned Principal Judge, Family Court has ample powers to enforce its orders including issuing coercive process so as to streamline the conduct of the respondent/husband, this Court is thus not inclined to entertain the present petition at this stage.

7.

The matter is coming up for hearing before the learned Family Court on 05.09.2024. The present Contempt Petition is disposed of with the direction to the learned Principal Judge, Family Court to pass appropriate orders so as to ensure effective, peaceful and purposeful meeting rights to the petitioner/mother with the child. This order is passed without prejudice.

8.

The copy of this order be given dasti to learned counsel for the petitioner under the signature of the Court Master. DHARMESH SHARMA, J.

SEPTEMBER 2, 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 04/09/2024 at 12:21:04