In terms of the undertaking given by the contemnor and the orders of this Court passed from time to time, he was under an obligation to bring back the child to India on 1 July 2022.
He pointed out that the said proceedings record that one Mr Wasko has been appointed as the Guardian Ad Litem by the said Court in the USA.
Following factual aspects indicate the extent of the contumacious conduct of the contemnor:- (i) A finding has been recorded in our earlier order that the contemnor never intended to bring back the child to India; (ii)
The child holds a USA passport.
Also Read: https://newslaw.in/case-type/criminal/legal-analysis-of-judgement-on-discharge-in-a-murder-case/
For the first time, by filing a counter affidavit to the contempt petition, he tried to seek an extension of time without giving any justification; (iv) The contemnor always acted contrary to the statement made by him on more than one occasion that he has subjected himself to the jurisdiction of this Court.
However, apart from committing impropriety by informing the child about the details of the pending litigations, he tried to prejudice the minor’s mind by telling him that his ancestral property is being sold at the instance of the mother. As noted in paragraph 15 of the earlier order, the contemnor went to the extent of opposing the request for mirroring the order of this Court, which resulted in the denial of the said request by the concerned Foreign Court.
His attempt before the Circuit Court was to ensure that his contumacious conduct, as reflected in the Circuit Court’s proceedings, should not be made available to this Court. 25 lakhs and to undergo simple imprisonment for a period of six months for committing civil and criminal contempt.
On the failure of the contemnor to pay the fine within the stipulated time, he shall undergo a further sentence of simple imprisonment for two months. (Sanjay Kishan Kaul)………………………….
Also Read: https://newslaw.in/case-type/criminal/protection-of-public-servants-in-criminal-proceedings/
J.
Case Title: MEENAL BHARGAVA Vs. NAVEEN SHARMA (2023 INSC 540)
Case Number: CONMT.PET.(C) No.-000340-000342 / 2022
