Woman fined Rs 2K for refusing visitation rights

Justice S Vaidyanathan, on holding that in the case on hand, the mother of the child is quite adamant in not sending the child with his father, said, “If not for the habeas corpus petition (HCP), the father would not have handed over the child to the mother. 

Having achieved the purpose of getting the child by filing a HCP, the mother has failed to evince any interest to send the child with his father, despite the orders of this court. Hence, she has willfully and deliberately disobeyed this court’s order and has thereby committed civil contempt.” 

“Hence, taking note of the totality of the circumstance and the provisions under Section 12 of the Contempt of Courts Act, 1971, this court imposes Rs 2,000 as fine, for contempt of the order of this court, to be payable in favour of Bala Vihar in Kilpauk on or before March 20 failing which the mother will have to undergo simple imprisonment for seven days,” the judge added. 

The judge, in his order, also held that this court is not aware as to whether the mother has moulded the child not to see or talk to his father. Even if the mother has poisoned the child’s mind not to even look at him, certainly such attitude of the mother is not going to help her. Even if she succeeds in getting the custody of the child, as time passes, the child will certainly crave for fatherly love and affection, by comparing himself with that of other children in the school and neighbourhood. 

However, the judge also clarified that the observation made by this court touching the merits of the matter is 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 couple over the child’s custody.