Madras High CourtCONT P(MD)/2067/2025closed

K.Jegan v. N.Baby Salini

2025-09-12Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 12.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Cont.Petition (MD).No.2067 of 2025 in C.M.A(MD).No.808 of 2019 K.Jegan ....Petitioner/Appellant Vs N.Baby Salini ...Contemnor/Respondent Prayer: This Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnor herein /respondent therein for her willful and wanton disobedience of the order passed by this Court in CMA(MD).No. 808 of 2019 dated 25.07.2024.

For Petitioner : Mr.C.Kishore For Respondent : Mr.N.Dilip Kumar

ORDER

The present contempt petition has been filed alleging violation of the order of this Court in CMA(MD).No.808 of 2019 dated 25.07.2024 wherein this Court had granted visitation rights to the father on 2nd and 4th Sunday of every month at St.Mary's Church, Kaliyal Kanyakumari District between 10.00 a.m to 02.00 p.m.

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2.The present contempt petition has been filed alleging that the mother has not complied with the order and the child was not brought to the Church in the month of May. Notice was ordered to the respondent. The respondent has filed a counter dated 02.09.2025. Paragraph Nos.8, 12 and 13 of the said counter are extracted as follows:

"8.In these circumstances, due to my inability to obtain leave, the child visited Kuwait for his summer holidays in May 2025. Shortly, thereafter, the child returned to India and resumed school on 02.06.2025. The child was once again brought to the Church on all the second and fourth Sundays of June.

12.I tender my unconditional apology for not being able to present the child on the second and fourth Sundays of May. I had no intention or desire to disobey the order of the Hon'ble High Court. However, given that the petitioner had failed to appear on all previous occasions, I was under the impression that a brief and comfortable break would be in the child's best interest, and accordingly, I took the child with me to Kuwait. 13.I respectfully submit before this Hon'ble Court that I undertake to ensure my child's presence at the specified location, namely St.Mary's Church, Kaliyal, Kanyakumari District, on the second and fourth Sundays of every month, and that my child will continue to the present there regularly on those days thereafter." 3.It is further submitted by the learned counsel for the respondent that the child is being regularly produced from the Month of June 2025 and undertakes to continue to produce the child on every 2nd and 4th Sunday 2/4

hereinafter.

4.Recording the said undertaking, the contempt petition stands closed. The respondent is directed to be cautious in future. No costs. 12.09.2025.

NCC : Yes/No Internet : Yes/No Index : Yes/No msa 3/4

R.VIJAYAKUMAR, J.

msa Cont.Petition (MD).No.2067 of 2025 in C.M.A(MD).No.808 of 2019 12.09.2025 4/4