Chennai: The Madras high court has imposed a sum of Rs 2,000 as fine on a wife for contempt of the order of the court by not allowing her husband to spend time with their 3-year-old child during weekends.
Closing a petition from the husband, Justice S. Vaidyanathan directed the wife to pay the fine to Bala Vihar in Kilpauk on or before March 20, failing which she will have to undergo simple imprisonment for 7 days.
According to the husband, his marriage with his wife was solemnised on January 30, 2012, and through the wedlock, she gave birth to a male child. Thereafter, due to some misunderstandings with him, she left her matrimonial home on March 28, 2015, leaving her child there. However, she lodged a complaint with the police that he took away her child without her consent and had also hurt her. The Thirunallar police in Karaikal registered the complaint.
Thereafter, he filed a petition seeking anticipatory bail and this court, while granting anticipatory bail imposed a condition that he should hand over the child to her. It was further observed by this court that he was entitled to have the child for 2 days during the weekends with the right of visitation of the child, which cannot be prevented by the contemnor.
Accordingly, he complied with the order. However, when he went to her house on October 17, 2015, to bring the child during the weekends, she deliberately refused to show the child to him for two days. Therefore, he lodged a complaint with the police. But there was no response. Hence, he filed the present contempt petition, he added.
Court levied a fine on the mother for disobeying the court orders. The judge made it clear that any observation made by this court touching the merits of the matter was only for the disposal of the contempt petition and it will not have any bearing on any of the family court matters pertaining to the dispute between the contempt petitioner and the contemnor, as regards the custody of the child.
