← Library
High Court of Punjab and HaryanaCOCP/2895/2023dismissed

Priyamvada Sharma v. Rahul Sharma And Another

2026-04-29Mrs. Justice Archana Puri4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.396 Date of Decision: 29.04.2026 PRIYAMVADA SHARMA ....Petitioner

Versus

RAHUL SHARMA AND ANOTHER .....Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Petitioner-in-person, along with Mr. S.K. Garg Narwana, Senior Advocate, assisted by Mr. Vishal Garg Narwana, Mr. Mukul Ahuja, Ms. Sukriti Jain and Mr. Shubham Goyal, Advocates. Mr. Ravinder Malik (Ravi), Senior Advocate, assisted by Ms. Mamta Saini and Mr. Ritender Rathee, Advocates for the respondents.

***** ARCHANA PURI, J. (Oral) The petitioner has filed the present petition for initiation of the contempt proceedings, against the respondents, on account of wilful defiance of the orders dated 10.12.2019, 19.10.2020 and 13.08.2021, passed by learned trial Court, copies whereof are Annexures P-2, P-4 and P-5, respectively, whereby an arrangement was made by the Court to facilitate meeting of the child in question, during the pendency of the proceedings before the trial Court.

Perusal of the paperbook reveals that earlier, the petition under the Protection of Women from Domestic Violence Act, was filed by petitioner/wife and therein, vide order dated 10.12.2019, copy whereof is Annexure P-2, the concerned Court had permitted the petitioner (mother) to

meet her minor son-Ayaan, every month on 2nd and 4th Saturday, at a public park, within the proximity of the house of the minor son, who is residing with respondent No.1/father and the time for the meeting was fixed between 3:00 p.m. to 5:00 p.m.

However, the requisite order was modified vide order dated 16.03.2020, wherein, the petitioner was permitted to meet the child on 1st Saturday of every month between 1:00 p.m. to 4:00 p.m. in the ADR Centrecum-DLSA Mohali (Punjab). Respondent No.1-Rahul Sharma, who is the father, was directed to ensure the presence of the minor child, in the ADR Centre-cum-DLSA Mohali (Punjab), on the day fixed, to facilitate the meeting of the child with the mother.

Furthermore, the aforesaid order was modified by the concerned Magistrate on 13.08.2021, wherein, a direction was given as observed herein:

"xxxxx xxxxx xxxxxx I) It is an admitted fact on record that as of now the custody of child Ayaan is with respondent No.1, who has also proposed to handover temporary custody to petitioner, which she refused. II) The only limited relief pressed by petitioner is with respect to meeting with her child. The earlier arrangement through video call could not work due to inability of respondents No.2 and 3 for alleged lack of knowledge of Internet and mobile functioning. III) Keeping in view the prevalent scenario of Covid 19 pandemic and apprehending danger of 3rd wave Delta variant, as well as the Job of respondent No.1 and the bitterness of relationship between the couple, the respondent No.1 is directed to make arrangements for video call of petitioner with child for one hour on every Sunday, from 09:00 AM to 10:00 A.M.

xxxxx xxxxx xxxxxx"

Now, it is submitted that the necessary compliance of the orders, passed by the court, is not being made. However, counsel for the respondents submits that they made all efforts to make the necessary

compliance, but it is the petitioner, who does not come forward to meet the child.

In any case, there are allegations raised by both the sides, against each other, thereby saying about the efforts made to counter the orders passed by the court, for the meeting rights granted to the mother of the child in question.

Now, after having interaction with both the counsel, as well as the parties, it is evident that the parties are not at much issue, with regard to arrange meeting of the child. Seemingly, there is a gap to give effect to the orders, passed by the court.

Any how, considering the aforesaid orders passed, the petitioner as well as her counsel and the counsel for the respondents, have agreed to comply with the orders dated 16.03.2020 and 13.08.2021. Considering the aforesaid, to facilitate the smooth compliance of the aforesaid orders, passed by the court, it is hereby requested to the counsel for the respondent, to ensure that the child is brought to the ADR Centre-cum-DLSA Mohali (Punjab) by 12:45 p.m. on 1st Saturday, every month, to facilitate the meeting of the child, with his mother, for the requisite period, as granted by the court, vide order dated 16.03.2020. Upon appearance of the parties, the meeting of the child in consonance with the order dated 16.03.2020, the entry, with regard to arrival of the parties shall be made in the register maintained by the ADR Centre, with regard to marking of the presence of the parties, who appear before the ADR Centre, Mohali for amicable settlement. After marking attendance and recording about the time of appearance of the parties, the time consumed for

having interaction, in compliance of the order dated 16.03.2020, shall also be recorded by the Secretary, DLSA.

In the eventuality of Secretary, DLSA, Mohali, not being available on any such day, any offical, who looks after the ADR Centre, in the absence of the Secretary, shall be authorized to make such an entry. The concerned Secretary shall also ensure about the smooth interaction between the mother and the son and also ensure that when they interact with each other, the father of the child, namely, Rahul, should not be present in the same room and preferably, he shall be made to sit in the other room. However, the Secretary, DLSA, shall be at liberty to remain in the room, to supervise the smooth interaction of the mother with her son. In the similar manner, compliance of the order dated 13.08.2021 shall also be made by the respondents, to facilitate the calling through video call for interaction of the child with the mother. Parties shall remain bound by the aforesaid terms, as settled between them.

In view of the arrangement made aforesaid, counsel for the petitioner makes a statement that he does not want to pursue with the present contempt petition and the same be dismissed as withdrawn. Ordered accordingly.

(ARCHANA PURI) 29.04.2026 JUDGE Sonu Saini Whether speaking/reasoned :

Yes Whether reportable :

Yes/No