Sunny Arya Vs Bhawna Arya — Contempt of Court | Delhi HC (2025)

Sunny Arya Vs Bhawna Arya — Contempt of Court | Delhi HC (2025)

What the court decided

AI extract

Outcome

Contempt petition disposed of taking note of the respondent's undertaking (via counsel, on instructions) to comply completely with the Family Court visitation order dated 16.10.2024; counsels directed to collaborate on any dissonance regarding visitation; liberty reserved to the petitioner to revive the contempt petition in case of continued infraction. CM APPL. 3578/2025 (exemption) allowed and disposed.

Issue for consideration

Whether the respondent wilfully disobeyed the Family Court order dated 16 October 2024 (GP No.46/2022) directing that the petitioner/father be allowed visitation with the child every second and fourth Sunday of each month between 02:00 P.M. and 04:00 P.M., and what directions should follow.

Ratio / Principle

Taking note of the undertaking given by counsel for the respondent (on advance notice and on instructions) that the earlier misunderstandings stood resolved and that she undertook to comply completely with the Family Court order, the Court disposed of the contempt petition rather than proceeding further with it.

Key takeaways

In case of any dissonance on any issue, the counsels of both sides are to collaborate between themselves to ensure that the visitation is complied with.ratio¶19
Liberty is given to the petitioner to revive the contempt petition in case of continued infraction of the Family Court order.ratio¶21
In the connected application CM APPL. 3578/2025 (exemption), exemption was allowed subject to all just exceptions and the application stands disposed of.ratio

Detailed headnote1 paragraphs

Delhi High Court (Anish Dayal, J.), order dated 16.04.2025 in CONT.CAS(C) 73/2025: Contempt petition by Sunny Arya (father) alleging wilful disobedience by Bhawna Arya of the order dated 16 October 2024 of the Principal Judge, Family Court, SouthEast District, Saket in GP No.46/2022, which allowed him visitation with the child every second and fourth Sunday of each month, 02:00 P.M.-04:00 P.M.; petitioner claimed he could meet the child only while depositing fees at the Cricket Coaching Academy. Counsel for the respondent, appearing on advance notice and on instructions, acknowledged some misunderstandings and undertook to comply with the order completely. Disposing of the petition while taking note of the undertaking, the Court directed the counsels to collaborate inter se to secure compliance in case of any dissonance, and gave the petitioner liberty to revive the contempt petition in case of continued infraction. CM APPL. 3578/2025 (exemption) was allowed subject to all just exceptions and disposed of.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- CONT.CAS(C) 73/2025 CM APPL. 3579/2025

SUNNY ARYA .....Petitioner

Through: Ms. Yogita Sunaria, Adv. along with petitioner in person.

versus

BHAWNA ARYA .....Respondent Through: Mr. Vikas Gupta, Adv. (through VC)

CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 16.04.2025

CM APPL. 3578/2025 (Exemption)

Exemption is allowed, subject to all just exceptions.

Application stands disposed of.

CONT.CAS(C) 73/2025

This petition has been filed alleging wilful disobedience of the order dated 16^th October 2024 passed by the Principal Judge, Family Court, SouthEast District, Saket in GP No.46/2022 .

Specific grievance of the petitioner/ father is that despite directions that he will be allowed visitation on every second and fourth Sunday of every calendar month for interaction with the child between 02:00 P.M. to 04:00 P.M., the respondent has not complied with the said order. Petitioner has only been able to meet the child while depositing the fees at the Cricket Coaching Academy.

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2025 at 11:45:19

Counsel for respondent appears on advance Notice and states, on instructions, that there were some misunderstandings in the issue and they undertake to comply with the said order completely.

In case, there is any dissonance on any issue, counsels will collaborate between themselves to ensure that the visitation is complied with.

The petition is disposed of taking note of the aforesaid undertaking.

Liberty is given to petitioner to revive the contempt petition, in case of continued infraction.

Order be uploaded on the website of this Court.

ANISH DAYAL, J

APRIL 16, 2025/ ak/tk

Click here to check corrigendum, if any

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2025 at 11:45:19