Rajatjeet Vaid v. Roshee Vaid
$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1376/2024 RAJATJEET VAID .....Petitioner Through:
Mr. Siddharth Khattar & Mr.
Divij Andley, Advs.
versus ROSHEE VAID .....Respondent Through:
None.
CORAM:
HON'BLE MR. JUSTICE DHARMESH SHARMA
O R D E R
% 02.09.2024 CM APPL. 50433/2024 - EXMP.
1.
Allowed, subject to all just exceptions.
2.
The application stands disposed of.
CONT.CAS(C) 1376/2024 3.
The petitioner/husband is seeking initiation of contempt proceedings against the respondent/wife for the wilful disobedience of the directions contained in the order dated 08.08.2024 passed by learned Judge, Family Court-02, West Tis Hazari Courts, Delhi. 4.
None appeared on behalf of the respondent/wife despite sending advance notice.
5.
The main grievance of the petitioner/husband seems to be that the respondent/wife is not strictly complying with the directions of the learned Judge, Family Court. It is pointed out that the petitioner/husband comes all the way from Karnal to meet his two children and he further submits that he came to visit the children on 17.08.2024, he waited at the Children‟s Room till 05:00 P.M, but 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 04/09/2024 at 12:21:15
children were not brought for the visitation, an email was sent to him at 05.53 P.M., which stated that the respondent was out of the station and she would not be in a position to bring the children for the purpose of visitation.
6.
It is submitted that the next meeting was scheduled on 31.08.2024 and on that day also the respondent/wife brought the children belatedly and the petitioner/husband was able to only meet the children for 12 minutes alone.
7.
The matter is coming up for hearing before the learned Judge, Family Court on 12.09.2024. Let such grievances be espoused before the learned Judge, Family Court.
8.
For now, this Court is not exercising the contempt jurisdiction, as it is of the firm opinion that the learned Judge, Family Court is competent to enforce its orders and also pass coercive orders, including ordering imposition of costs and/or issuing coercive process against the respondent/wife, if there is found deliberate defiance to the directions of the Court.
9.
It is expected that the learned Judge, Family Court shall exercise his discretionary powers to pass such appropriate directions, as he may deem fit, to ensure that its orders are complied with. In view of the aforesaid observations, the present contempt petition is disposed of without prejudice.
10.
A copy of this order be sent to the learned Judge, Family Courts for information and necessary compliance.
DHARMESH SHARMA, J.
SEPTEMBER 2, 2024/sa 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 12:21:15