Karnataka High Court
Mr. Colin Kenneth Ward vs Mrs Sushma J on 22 October, 2024
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CCC No. 722 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
CCC NO. 722 OF 2023 (CIVIL)
BETWEEN:
1. MR. COLIN KENNETH WARD
ABOUT 38 YEARS
S/O PHILIP DESMOND WARD
R/AT No.280, OPP. NAVADEEP SCHOOL
1ST CROSS, GAYATHRI LAYOUT
K R PURAM, BANGALORE - 560 036
...COMPLAINANT
(BY SRI. COLIN KENNETH WARD, PARTY-IN-PERSON)
AND:
1. MRS. SUSHMA J
Digitally ABOUT 35 YEARS
signed by W/O COLIN KENNERTH WARD
AMBIKA H B R/AT No.73, 7TH MAIN, 3RD BLOCK
Location: AYAPPANAGARA, K R PURAM
High Court BANGALORE - 560 036
of Karnataka
2. MR. JAGADEESH K R
ABOUT 60 YEARS
S/O KAGATHI RAMESH
R/AT No.73, 7TH MAIN, 3RD BLOCK
AYAPPANAGARA, K R PURAM
BANGALORE - 560 036
(Deleted as per court order dated 06.10.2023)
...ACCUSED
(BY SRI. BALU MAHENDRA Y H, ADVOCATE)
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CCC No. 722 of 2023
THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION READ WITH SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT 1971 PRAYING TO INITIATE
CONTEMPT PROCEEDINGS AGAINST THE ACCUSED OR
RESPONDENTS FOR WILL FULLY AND DELIBERATELY
DISOBEYING THE ORDER DATED 10.03.2023 OF
METROPOLITAN MAGISTRATE TRAFFICE COURT-I (MMTC-01)
MAYOHALL BANGALORE PASSED IN CRI. MISC. NO. 245/2018.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard complainant-party-in-person Mr. Colin Kenneth Ward
and learned advocate Mr. Balu Mahendra Y.H for the respondent.
2. The present contempt proceedings filed by the complainant-
father arises out of the order dated 10.03.2023 passed by the
Metropolitan Magistrate Traffic Court-I at Mayohall, Bengaluru in
the proceedings of Criminal Miscellaneous No.245 of 2018 which
was an application filed by the respondent-mother under Section
21 of the Protection of Women from Domestic Violence Act, 2005.
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3. Learned Judge while allowing the said proceedings in part,
gave liberty to the respondent-husband-complainant herein, to visit
his daughter, aged 8 years, named Kum. Nina Indya Ward at the
convenient place and time fixed by the complainant and the
respondent on second and fourth Saturdays of every month.
3.1 Alleging non-compliance of the above visitation right, the
complainant-party-in-person who is the father, when moved this
Court invoking the contempt jurisdiction, following order came to be
passed by this Court on 12.08.2024,
"In the proceedings under the Protection of
Women from Domestic Violence Act, 2005, the
court of Metropolitan Magistrate Traffic Court-I at
Mayo Hall Bengaluru, passed the order on
10.03.2023 whereunder, the complainant-father
was given the liberty to visit his daughter Kum.
Nina Indya at a convenient place and the time
was fixed on the second and fourth saturdays of
every month.
2. Learned advocate Mr. Y.H. Balu Mahendra
appearing for the respondent-wife stated that the
complainant may come to the house of the
respondent, who is residing at Bengaluru, at 11.00
am on 17.08.2024. However, the complainant
requests the Court to meet his daughter at a
neutral place.
3. The Court deems it fit that the parties along
with their daughter who is stated to be eight years
old, may meet at Gopalan Mall, Bengaluru, which
is stated to be near to the residence of the parties,
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on 17.08.2024 at 11.00 a.m. to enable the father
and daughter to interact with each other.
4. If the daughter is desirous to talk and be with
her father without anybody's presence, the child
shall be accordingly permitted to stay with the
father as much as time, maximum upto 4.00 p.m.
5. Learned advocate for the respondent as well
as the complainant-party-in-person fairly state that
the complainant and the respondent will have
lunch together along with the child to facilitate the
interaction accordingly, in the interest of
psychological and emotional welfare of the child.
Stand over to 28.08.2024."
3.2 The efforts were made by the Court not only with respect to
acting upon the directions in the order of the Metropolitan Court,
also towards global reconciliation of the matrimonial dispute
between the parties keeping in view the paramount interest and
welfare of the daughter.
3.3 The Court talked to the parties individually and also
interacted with the child with whom the Court interacted in absence
of the parents, in the presence of the lady court officer from the
staff of the Registry of this Court, in the chamber.
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3.4 Thereafter on 20.09.2024, further order was passed. The
said order reflects the total proceedings. Therefore, the same is
reproduced herein,
"In this contempt proceedings, eight years old
daughter Kum. Nina Indya and her future are in
focus. The complainant-father and respondent-
mother appear to be strewn apart because of
their apparent matrimonial disputes.
2. The Metropolitan Magistrate Traffic Court-I at
Mayo Hall, Bengaluru, by order dated 10.03.2023
gave liberty to the complainant-father to visit his
daughter Kum. Nina Indya. Pursuant to the
contempt proceedings filed by the husband- thus
father, this Court had an occasion to pass an
order dated 12.08.2024 whereunder it was
provided that the parties may meet at a public
place which was fixed to be the Gopalan Mall,
Bengaluru where the father could interact with
the daughter and vice-a-versa. It was provided
that if the daughter is desirous to talk to the
father without anybody's presence, she shall be
accordingly permitted to be with the father as
much time as she can be.
3. The proceedings next came up for
consideration on 12.09.2024. By the time, the
meeting between the father and daughter had
taken place by the time as per the earlier order
dated 12.08.2024. In course of the hearing, it
was expressed before the Court that the
daughter was hesitant to be with father, when the
meeting was arranged as above.
4. Since, it was human and matrimonial issue
was involved and the welfare of the child was
paramount for the Court. The Court decided to
interact with the parties in an endeavour to
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search out, the simmering issues between the
parties and rival claims.
5. Today, the parties were called in the
chamber. The Court interacted with the father
without anybody else's presence. The Court then
interacted with the respondent No.1-mother, child
Kum. Nina Indya and learned advocate for
respondent No.1.
5.1 While as a Court of law, the concern is to the
implementation of the order or otherwise, since
the delicacy of human relationship and the
matrimonial ties and the future of child was
involved, the Court put related questions to the
parties, the Court came to know that husband
and wife hail from different religion they have
lived their matrimonial life happily for long seven
years but for the subsequent developments.
5.2 After assessing the views of the mother and
father, the Court thought it fit to interact with eight
years old Kum. Nina Indya. She is an all smiling
girl. She was found to be an possessing and
understanding within the interaction with her was
done in presence of two lady Court officers to
make the child feel comfortable and natural in the
interaction with the Court.
5.3 As stated above, the sole and foremost
consideration, even while dealing with the
contempt proceedings, for the Court is the
welfare and development of eight years old girl
child. For any child, and for his or her well-being
and emotional development in the up bringing,
love of parents is indispensable. Neither the
umbrella of affection of father could be spared
nor the love of mother could be kept away.
6. Having interacted with the parties as above
and having assessed the child's psychology and
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behaviour out of interaction by the Court with her
and with the above discussion prefaced, the
Court deems it fit to continue the arrangement
provided in order dated 12.08.2024 for further six
weeks.
6.1 The following portion is reiterated, extracting
from the order dated 12.08.2024,
"3. In light of the said order, it was submitted
on behalf of the respondent-mother that the
daughter was unwilling and hesitant to meet
the father.
4. Upon suggestion of the Court, it was
agreed by learned advocate for the
respondent on instructions of the respondent
that the child may be brought before the
Court in the process of resolution of the
dispute and in consideration of the present
proceedings on a day, which may be agreed
upon."
7. While the parties will meet as above
preferably every Sunday at 11.00 a.m. It was
considered necessary that instead of Gopalan
Mall, Bengaluru as was provided earlier, the
meeting may take place at Phoenix Mall,
Whitefield, Bengaluru. The child Kum. Nina Indya
shall be permitted to be with father. The mother
may also join the company.
8. In order dated 12.08.2024 it was inter alia
recorded upon the submission of the parties
themselves that the complainant and respondent
will have lunch together on the day when they
meet. The Court expects that the said cordiality
shall continue during their future meetings.
9. At this stage, it was submitted on behalf of
respondent-mother that examinations are going
on and daughter Kum. Nina Indya would be busy.
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If it is provided in this regard that if the child is to
take examination on any Sunday, such Sunday
shall be spared and the parties may not meet on
that Sunday.
10. Except above clarification, it is observed and
expected that parties shall meet as above every
Sunday except on the examination day or the
Sunday on which the daughter is engaged for an
examination or the programme at her school to
be unable to come.
The proceedings shall be next listed on
22.10.2024."
4. Today when the contempt proceedings came up for further
consideration, it was submitted on behalf of the respondent-mother
that although the meeting at the Mall took place between the
parties and the complainant could interact and spend time with the
child, according to the respondent-mother, the child thereafter
developed psychological stress and that, according to the mother,
the child is required to be treated by counselling. It was thereby
sought to be submitted that any further meeting with the father may
affect the psychological health of the child.
4.1 On the other hand, the complainant-party-in-person, the
father emphasized to submit that his daughter was always
comfortable in spending time with him.
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5. It appears from the stand taken by both the sides that there
are serious issues about exercise of liberty given by the court
below to the father to meet and interact with the daughter. This
Court having undertaken the aforesaid exercise and having
endeavoured for the compliance to the maximum possible extent,
finds it difficult to further act upon for the reason that the issue
involves not only the interest of the parties but delicate aspects of
the human and matrimonial relationship in the context of interests
of the child.
5.1 This Court can only hope that the parties arrive at a mutual
understanding voluntarily on all possible counts to ensure that the
psychological, physical and educational well-being of the child is
not adversely affected in wake of insistive and self suited stands of
the parents.
6. As far as the present contempt proceedings are concerned,
they are, however, deserves to be closed in light of what has
transpired so far and what is observed herein.
6.1 However, there is no gainsaying that the order of the
Metropolitan Court subsists to operate which gives liberty to the
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complainant-father to have visitation rights to the daughter as
provided for. The parties have met at the Mall pursuant to the
orders and directions subsequently issued by this Court as well.
6.2 In the circumstances, the respondent-mother is permitted to
apply to the Metropolitan Court concerned for modification of the
directions which could however be done before the Metropolitan
Court only by producing relevant material in substantiation of the
fact pleaded that the child's meeting with the father entails
psychological effects on the mind of the child.
6.3 It will be open also for the complainant-husband to put
forward his case before the Metropolitan Court by producing
appropriate material. By considering such material and the totality
of the case, the Metropolitan Court shall decide about the
modification or continuance of the order dated 10.03.2023.
7. This Court has not expressed any opinion on the merits of
the submissions made by the parties in respect of their rival claims.
8. At this stage, complainant-party-in-person requested that the
arrangement of meeting of the child at the Mall by the father may
be continued further.
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9. The Court is not inclined to consider the said request only for
the reason that the matter is slated to come up before the court
below immediately on 26.10.2024.
10. It is observed that on that day, it will be open for the
complainant herein to urge the above request made before this
Court and to seek appropriate orders on merits.
11. With the aforesaid observations and permission as above to
the parties, the contempt proceedings are closed.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
AHB
