Court dismissed a 2017 contempt petition filed by a father against a mother's alleged denial of custody access. Application was rejected for want of current instructions as the applicant had not contacted his son or filed for years.
Contempt petition dismissed for want of instructions. Notices discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC-LKO:70130
Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2289 of 2017
Applicant :- Mansoor Khan Opposite Party :- Smt. Aafsana Bano And Another Counsel for Applicant :- Qazi Mohd.Ahmad Counsel for Opposite Party :- Amar Nath Dubey
Hon'ble Rajesh Singh Chauhan,J.
"Heard Shri Ajmal Khan, learned counsel for the appellants as well as Shri Qazi Mohd. Ahmad, learned counsel for the respondent.
There is a delay of only four days. The respondent does not have any objection, if the delay is condoned.
Accordingly, the delay is condoned.
This appeal has been filed against the order dated 21.02.2017 passed in Suit No. 21 of 2015 (Mansoor Khan Vs. Smt. Aafsana Bano and Another).
By the impugned order, the Additional Principle Judge, Family Court, Pratapgarh has given the custody of the mail child namely Mohd. Raafe aged about 10 years in the custody of the father. In one of the rare gestures, both the counsels have wisely discussed the matter and have come to an understanding on behalf of the appellants, since a proposal has been forwarded by both the counsels, we need not to go into the merits of the case.
Both the parties agreed that the child in question should study in an english medium boarding school at Pratapgarh. Both the parties have desired that they should have equal visiting rights subject to the rules of the school.
It has been agreed that the cost of the schooling and another expenses shall be borne by the father. During vacations, both the parents will have equal rights for having equal share of the vacations to be spent with each other. The court accepts it is a fair solution and without any comments on the order of the Lower Court.
The appeal is disposed of in terms of above observations. Before parting with the case, our appreciation for understanding between the parties as well as the cooperation of the learned counsels who have allowed the parties to come to an amicable solutions. We trust that both the parties will maintain the sanctity of the court's order to the best of the ability and no one will flout the spirit of the order."
solution, therefore, the present contempt petition was filed on 26th of October, 2017.
[Rajesh Singh Chauhan,J.]
Order Date :- 27.10.2023 kkv/
Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the present contempt petition filed for failure to meet the child should be dismissed due to lack of current instructions from the petitioner.
Whether an applicant without current instructions regarding the state of custody affairs can pursue a contempt petition.
Mansoor Khan
Smt. Aafsana Bano
Rajesh Singh Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
