IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 Con.Case(C).No. 719 of 2011(S) ------------------------------ ( AGAINST THE JUDGEMENT IN Mat.APPEALl No..334/2009 Dated 26/10/2009) PETITIONER: --------------- VINESH MOHAN, AGED 30 YEARS, SON OF K.MOHAN NAIR, SREE LAKSHMI, PRIYADARSHINI NAGAR, LOURDHPURAM, THRISSUR-5, REPRESENTED BY POWER OF ATTORNEY HOLDER K.MOHAN NAIR, SREE LAKSHMI, PRIYADARSHINI NAGAR, LOURDHPURAM, THRISSUR-5. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY RESPONDENT: --------------- SOUMYA, AGED 23 YEARS, DAUGHTER OF V.SURENDRAN, VELIYANKATTU HOUSE, CHAKYARKADAVU, P.O.KODANNUR, THRISSUR NOW RESIDING AT AL-FERDOUS TYRES, P.B.NO.4701, RAISAL KHAIMA, UAE. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, CJ & P.R. RAMACHANDRA MENON, J. .............................................................................. CONTEMPT OF COURT CASE (C ) No.719 OF 2011 ......................................................................... Dated this the 14th July, 2011 J U D G M E N T P.R. Ramachandra Menon, J: The issue involved in this case is with regard to the custody of a child, which was ordered, to be given to the petitioner in the manner as specified in the judgment dated 26.10.2009 in MAT Appeal No. 334 of 2009. The case of the petitioner is that, inspite of the specific direction, the petitioner was never let known as to the arrival of the respondent in India and that the order has been flouted, which has given rise to the cause of action for approaching this court by way of Contempt. 2. On completion of service of notice, the respondent has entered appearance through the Counsel and has filed a counter affidavit pointing out the actual facts and figures. It is stated that there is no disobedience of the verdict passed by this Court , much less anything wilful, so as to constitute the offence under CONTEMPT OF COURT CASE (C ) No.719 OF 2011 2 the Contempt of Courts Act. It is stated that the petitioner as well as the respondent are working abroad and that the petitioner is not available in India, even now and as such, filing of this Contempt Case is noting but an abuse of the process of the Court. It is also stated that the respondent visited India only twice in the year 2010 in connection with some specific purpose; the first one, in connection with the divorce granted and the second one, in September, 2010, in connection with the demise of a close relative. It is also pointed out that, when she was in India, no desire was expressed from the part of the petitioner to have the custody of the child. That apart, it is stated as intimated to the petitioner, through the lawyer of the respondent, and also through phone directly, that on 4th July, 2011, the respondent could hand over the child; but the petitioner is not available. Some other aspects stated as relevant, are also included in the counter affidavit, asserting that no further proceedings are liable to be pursued against the respondent . 3. The learned Counsel for the petitioner concedes that the petitioner is not in India now and that the petitioner is CONTEMPT OF COURT CASE (C ) No.719 OF 2011 3 negotiating to have the custody of the child to be entrusted to the parents of the petitioner . We find that the order passed by the Division Bench of this Court vide Annexure-I is only with regard to the custody of the child to be entrusted to the appellant therein, i.e., the petitioner herein. If at all the petitioner is desirous to have the order modified or varied, it is for the petitioner to approach the Court in accordance with the relevant provisions of law. No interference is warranted. The Contempt of Court case fails and it is dismissed accordingly. J. CHELAMESWAR, CHIEF JUSTICE. P.R. RAMACHANDRA MENON, JUDGE. CONTEMPT OF COURT CASE (C ) No.719 OF 2011 4 lk