IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 Con.Case(C).No. 245 of 2011(S) ------------------------------ AGAINST THE ORDER IN I.A. No.632/2011 IN GOP.964/2009 DATED 16/02/2011 .................... PETITIONER/PETITIONER: ---------------------------- V.P.KAVITHA RANJINI @ URVASHI, AGED 40 YEARS, D/O. LATE V.PARAMESWARAN, RESIDING AT 143/3, 9TH STREET, CHAKRAPANI NAGAR, MADHURAVOYAL, CHENNAI-600 095. BY ADV. SRI.T.RAMPRASAD UNNI RESPONDENT/RESPONDENT: ------------------------------- MANOJ KADOM POOTHRA MADOM JAYAN @ MANOJ K.JAYAN, 'THEJUS', 1/4 C1, KURREKKAD P.O., THRIPPUNITHURA, PUTHIYA KAVU, ERNAKULAM. ADV. SMT.SANGEETHA LAKSHMANA THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & Antony Dominic, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt Case (Civil) No. 245 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of May, 2011 JUDGMENT Antony Dominic, J. This contempt petition has been filed on the allegation that the directions of the Family Court in I.A. No.632 of 2011 in O.P. No.964 of 2009 have not been complied with by the respondent by handing over the custody of the child. 2. The respondent has filed an affidavit, explaining the circumstances in which he could not comply with the order and tendering unconditional apology. Paragraphs 3 and 4 of the affidavit are extracted below for reference. “3. At the threshold, I am to most respectfully submit and admit before this Hon'ble Court that due to the reasons explained as hereunder, I had not complied with the directions issued to me Vide Annexure C. Order Dt.16.02.11 passed by the Hon'ble Family Court, Ernakulam on I.A.632 of 2011 in the G.O.P 623 of 2008 and I hereby tender my unconditional apology before this Hon'ble Court. I seek asylum before this Hon'ble Court and pray that Hon'ble Court be pleased to COC No. 245 of 2011 -:2:- consider this Reply, accept my unconditional apology and grant me pardon, in the interest justice. 4. It is most humbly submitted that my child was a resident student at the highly illustrious and well reputed CHOICE SCHOOL at Ernakulam itself. Over the period of the last five months since my daughter had been admitted in the residential school, she had accustomed herself along with her very many friends in there. While so, on 11.02.11 my child reached home from the residential school for the weekend all excited and informed about her school organizing an excursion to Athirampally for her class, to enhance the overall development of the child by promoting self-reliance and community living, besides providing an insight into our cultural and historical heritage. On ascertaining the wishes of the child on her choice whether or not to join the excursion organized by her school, and upon her desire, I intimated my consent to the school authorities to send my child over for excursion. As per the schedule intimated to me by the School authorities, the students were to leave Ernakulam at 6.45 am on 18th February 2011 and were to return to the school at 4.00pm on 19th February 2011. My child was thrilled, delighted, and joyful and was enthusiastically waiting to join her friends on the excursion organized by her school. At this juncture, I am to state and swear categorically on this Affidavit that the wishes of my child was specifically ascertained by me as to whether she wishes to join the excursion organized by her school or to join her mother and maternal relatives for the offerings at Attukal Pongala. My child had explicitly and unequivocally chosen to join the excursion COC No. 245 of 2011 -:3:- organized by her school. In the circumstances, as any Order that may be passed by the Hon'ble Court family Court on the Annexure A-I.A, would stand in the way of my child fulfilling the recondite yet much valuable desire will subject my child to deep agony, distress and disappointment and would be detrimental to the welfare of my child, I had filed my Counter Dt.16.02.2011 on the I.A.” Further, the efforts made by him to get the order modified has been explained and various allegations have been made against the petitioner. 3. Considering the pleadings and the submissions made, this Court passed order dated 29.03.2011 directing that the petitioner shall be given custody of the child on the dates mentioned in the said order. It is reported by both sides that the said order has been complied with in full. Having regard to the explanation offered by the respondent, which has been extracted above, we are unable to accept the allegation that the orders of the Family Court have been willfully disobeyed by the respondent, warranting proceedings under the Contempt of Court Act. Therefore, we COC No. 245 of 2011 -:4:- close the Contempt Case leaving it open to the parties to agitate their further grievances, if any, before the Family Court itself. J.Chelameswar, Chief Justice. Antony Dominic, Judge. ttb