THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR C.C.No.679 of 2011 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) The petitioner herein, who is the former husband of the respondent, filed this Contempt Case alleging that the respondent intentionally and wilfully disobeyed the order, dated 26-04-2011, passed by this court in F.C.A.M.P.No.74 of 2011 in F.C.A.No.195 of 2010, wherein this Court granted visiting rights to the petitioner in respect of the minor child on every Saturday and Sunday until further orders. The respondent was directed to handover the custody of the minor child at 9.00 a.m. on Saturday till 5.00 p.m. of Sunday and the petitioner shall return the custody of the child by 5.00 p.m. of Sunday. The parties were given liberty to take the assistance of police for compliance of the order. Learned counsel appearing for the petitioner submits that pursuant to the order of this Court, the respondent failed to handover the custody of minor child to the petitio3ner on 30-04-2011 and 01-05-2011. Therefore, on 05-05-2011 he got issued a legal notice to the respondent to handover the custody of his minor son, as directed by this Court. The respondent failed to do so and in turn, she issued a telegram, dated 09-05- 2011 stating that this court did not grant time to oppose the petition and that she had instructed her counsel to get the order revoked immediately after reopening of this Court. Therefore, the respondent intentionally and wilfully disobeyed the order of this Court. Learned counsel appearing for the respondent filed a counter affidavit stating that her son is vehemently refusing to go to the house of the petitioner. The petitioner has not made any attempt to take the child on 30-04-2011 and 01-05-2011, as alleged by the petitioner. The respondent also filed an additional counter affidavit stating that the telegram is drafted without legal assistance and that she unconditionally apologises for the language used in the telegram, dated 09-05-2011. It is further stated that she is ready to facilitate the visitation of the child, as ordered by this Court. Therefore, she prays to drop the contempt proceedings. In view of the additional affidavit filed by the petitioner, we close this contempt case. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ B.CHANDRA KUMAR, J Date : 23-12-2011 Prv