Syed Mudassir Ahmed v. Yusra Afshan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2024

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN and Sub.Application.No.266 of 2023 Syed Mudassir Ahmed ... Petitioner Vs.

Yusra Afshan ... Respondent PRAYER: Contempt petition filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondent Yusra Afshan in the manner this Court deems fit and proper for deliberately committing contempt by willful disobedience of the order dated 30.09.2021 of this Court in C.R.P.No.1058 of 2021.

For Petitioner : Mr.Hari & Mr.Radhakrishnan For Respondent : Ms.S.Pavithrashini for Mr.V.Manohar

ORDER

This Contempt Petition is filed against the order passed in CRP.(PD).No.1058 dated 30.09.2021.

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2.This Court had personal interaction with the minor child of the petitioner and respondent namely, Hamna Fathima, in the presence of their counsels.

3.The minor child stated that she does not want to continue video chatting with her father. Therefore, it is not appropriate for this Court to compel or insist the minor child to have video chatting with her father. 4.When this Court directed the petitioner for payment of Rs.10,000/- monthly, as maintenance and payment of School fees for the minor child, petitioner had not complied with the order regularly. Further, the minor child does not want to speak with her father through video chatting.

5.In such circumstances, this Court is of the view that, no order can be passed in the Contempt Petition. Therefore, this Contempt Petition is closed.

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6.In view of the violation of the order passed by this Court in CRP.(PD).Nos.1058 and 1081 of 2021 dated 30.09.2021 by the petitioner and unwillingness on the part of the minor child to have video chat with her father, this Court recalls the order passed on 30.09.2021 and post the main CRP.(PD).Nos.1058 and 1081 of 2021 for disposing on merits. 7.Registry is directed to post CRP.(PD).No.1058 and 1081 of 2021 after three weeks.

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