Madras High CourtCONT P/1461/2019closed

S.Ranganathan v. R.Sundararajan

2021-01-18Honourable Mr Justice P. N. Prakash,Honourable Mr Justice V.Sivagnanam2 pages

Contempt Petition No.1461 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.01.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE V.SIVAGNANAM Contempt Petition No.1461 of 2019 S.Ranganathan .. Petitioner Vs.

R.Sundararajan .. Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the 2nd respondent for disobeying the order of this Hon'ble Court dated 26.07.2018 in H.C.P.No.37 of 2018 For Petitioner : Mr.M.Krishnamoorthy For Respondent : Ms.Y.Kavitha for M/s.Giridhar & Sai

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] This Contempt Petition has been filed for the alleged non-compliance of the following directions issued by this Court in H.C.P.No.37 of 2018 on 26.07.2018 :

"6.Though objection is raised for visiting rights, however, we permit visiting rights to the petitioner and the second respondent is directed to produce the child before the Children Centre attached to the Family Court. The https://hcservices.ecourts.gov.in/hcservices/

Contempt Petition No.1461 of 2019 father/petitioner shall visit the child, Sampana, once in a month on the second Saturday of the month in the Children Centre in the Family Court.

7. With the above observation, this Habeas Corpus Petition is closed."

2. Today, the alleged contemnors are present with the child Sampana. When enquired by this Court, Sampana stated that on account of her reluctance to meet her father, her grandparents did not take her to the Children Centre in the Family Court, every month.

3. We find that Sampana is in the control of her grandparents and to a very large extent, they have influenced her thought process and has sown hatred in her malleable mind for her father and sister Jaya. In such case, time is the best healer and the enforcement of the order dated 26.07.2018 cannot be achieved forcibly via contempt proceedings. Hence, this Contempt Petition stands closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) gya //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

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