Sundeep. C vs Swapna. M
2025 Latest Caselaw 3334 Ker

Citation : 2025 Latest Caselaw 3334 Ker
Judgement Date : 11 August, 2025

Kerala High Court

Sundeep. C vs Swapna. M on 11 August, 2025

Author: Devan Ramachandran

Bench: Devan Ramachandran

                                                       2025:KER:60059
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

                                          &

              THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA

     MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947

                         CON.CASE(C) NO. 1719 OF 2025

     AGAINST THE JUDGMENT DATED 24.09.2024 IN Mat.Appeal NO.1023

OF 2019 OF HIGH COURT OF KERALA

PETITIONER:

             SUNDEEP. C
             AGED 41 YEARS
             S/O. BALAKRISHNAN, PREETHAM, GANDHI NAGAR STREET, OLD
             COURT ROAD PATTAMBI.P.O,
             PALAKKAD PALAKKAD DISTRICT., PIN - 679303

             BY ADVS.
             SRI.NOUSHAD THOTTATHIL
             SMT.NOORJI NOUSHAD
RESPONDENT:

             SWAPNA. M
             AGED 33 YEARS
             D/O JAYARAJAN, 'SREESAILAM', KAITHALI STREET,
             MELEPATTAMBI P.O., NOW RESIDING AT DELOITTE, G&II BLOCK
             MEENAKSHI TECH, PARK SY. NO.39, MEENAKSHI TECH PARK
             ROAD, PHASE-2 GACHIBOWLI,HYDRABAD,TELEGANA.,
             PIN - 500032
             BY ADV.
             SRI.P.JAYARAM
     THIS     CONTEMPT    OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 11.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Con.Case(C).No.1719 of 2025
                                   2

                                                        2025:KER:60059
                              JUDGMENT

Devan Ramachandran,J.

The petitioner alleges that in spite of the direction of this

Court, he is not being allowed to exercise visitorial rights over his

child for the last several months.

2. Smt.Noorji Noushad, appearing for the petitioner,

submitted that though her client was ready to go to the residence

of the respondent to accept the child on every 2 nd Saturday, it has

been denied, citing one reason or the other. She argued that

this goes against the spirit of the judgment; and hence that the

respondents are in contempt.

3. Sri.P.Jayaram - learned Counsel for the respondent,

however, submitted that even though his client has always been

ready with the child on the 2nd Saturday, the petitioner never

turns up. He added that, on certain other occasions, his client

was incapacitated because of the illness of her father and such

other extenuating circumstances; and contended that therefore,

she has never acted in deliberate violation.

4. We do not propose to enter into the merits of the rival

positions as of now, because a Contempt Application does not

behoove well for the child, who will invariably carry the

impression that the parents are fighting, with one of them trying

to send the other to jail or to such other prejudice.

2025:KER:60059

5. However, we are clear that if, on a particular 2 nd

Saturday, there is any incapacitation for the respondent, she

must make available the child to the petitioner either on the next

Saturday, or the worst, on the 4th Saturday.

6. Since Sri.P.Jayaram also agrees to this, we are certain

that the controversy can be resolved as of now, through such a

modification.

7. Therefore, with the consent of both sides, though we

close this Contempt Case, we record the submissions of the

respondent that she will make available the child on the 3 rd or the

4th Saturday with prior notice to the petitioner, in case, it cannot

be done for a valid reason on the 2nd Saturday as ordered by this

Court.

Needless to say, the liberty of the petitioner to approach

this Court again in future, through a fresh Contempt Case, is left

open.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

Sd/-

M.B. SNEHALATHA, JUDGE Mms

2025:KER:60059 APPENDIX OF CON.CASE(C) 1719/2025

PETITIONER'S ANNEXURES

Annexure A1 4. A CERTIFIED COPY OF THE AFORESAID JUDGMENT OF THE IN MAT APPEAL NO 1023/2019 ON DATED. 24.09.2024 Annexure A2 A TRUE COPY OF THE ORDER DATED.

21.11.2024 PASSED IN I.A.NO.3/2024 Annexure A3 A TRUE COPY OF THE EMAIL SENT BY THE 1ST RESPONDENT ON DATED 12.03.2025 TO 14.06.2025 RESPONDENT'S ANNEXURES

Annexure R1 (a) A copy of the text message sent to the petitioner at 2:07 PM on 10/01/2025 and the text message sent to the petitioner regarding his non-arrival to take the child Annexure R1 (b) A true copy of the SMS notification received in school app on 10/01/2025 about tennis practice Annexure R1 (c) A true copy of the text message sent informing the difficulty to handover the child on 08/02/2025 and also the reply message of the petitioner Annexure R1 (d) True copy of the text message informing change in date for handing over custody to 15/02/2025 Annexure R1 (e) True copy of the medical bills from 31/01/2025 to 03/02/2025 with respect to respondent's son's treatment Annexure R1 (f) A true copy of the text message sent for non-arrival of the petitioner on 08/03/2025 Annexure R1 (g) True copy of the E-mail sent to petitioner on his failure to take custody of the child on 08/03/2025 Annexure R1 (h) A true copy of the e-mail on 12/03/2025 and also 14/03/2025 Annexure R1 (i) A true copy of the reply e-mail dated 15/03/2025 from the petitioner Annexure R1 (j) A True copy of the e-mail sent by the respondent herein to the petitioner on 23/03/2025 informing that the child can be handed over on 29/03/2025 at 10:00 AM

2025:KER:60059 in Pattambi from the gate of respondent's residence Annexure R1 (k) True copy of the e-mail dated 28/03/2025 sent by the petitioner herein declining the offer to handover the child from Pattambi Annexure R1 (l) True copy of the mail sent by the petitioner to the respondent on 30/03/2025 Annexure R1 (m) True copy of the mail sent by the petitioner to the respondent on 03/04/2025 Annexure R1 (n) True copy of the mail dated 11/04/2025 sent by the respondent to the petitioner informing that the child would be handed over in Bangalore at 5:00 PM on 14/04/2025 Annexure R1 (o) True copy of the e-mail dated 14/04/2025 2:00 PM by the petitioner to the respondent informing inability to take the child Annexure R1 (p) True copy of the e-mail sent by the respondent to the petitioner on 15/04/2025 Annexure R1 (q) True copy of the e-mail dated 21/04/2025 sent by the petitioner to the respondent Annexure R1 (r) True copy of the e-mail dated 23/04/2025 sent by the petitioner to the respondent Annexure R1 (s) True copy of the e-mail dated 23/04/2025 sent by the respondent to the petitioner Annexure R1 (t) A true copy of the e-mail sent by the respondent to the petitioner on 01/05/2025 Annexure R1 (u) True copy of the e-mail sent by the petitioner to the respondent on 04/05/2025 Annexure R1 (v) True copy of the e-mail dated 13/05/2025 sent by the petitioner to the respondent Annexure R1 (w) True copy of the e-mail dated 13/05/2025 sent by the respondent to the petitioner Annexure R1 (x) True copy of the discharge summary dated 30/04/2025 of respondent's son, Akshath, undergoing surgery Annexure R1 (y) True copy of the discharge summary of respondent's father, Jayarajan Annexure R1 (z) True copy of the e-mail sent to the

2025:KER:60059 petitioner on 14/06/2025 informing petitioner's non-arrival to take the child Annexure R1 (aa) True copy of the e-mail sent by the petitioner to the respondent on 14/06/2025 Annexure R1 (ab) A true copy of the e-mail dated 12/07/2025 from the respondent to the petitioner informing the petitioner's non-arrival Annexure R1 (ac) A true copy of the counter statement filed by the petitioner/respondent in M.C.No.185/2019 on the files of Family Court, Ottapalam