Mr. Shardul Sidhu Vs Mrs. Gabriella Nadia Da

THIS CCC IS FILED UNDER SECTIONS 10 AND 12 OF THE CONTEMPT OF COURTS ACT, 1961, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO HOLD THE ACCUSED GUILTY OF CONTEMPT OF COURT, THEREBY PUNISHING THE ACCUSED WITH IMPRISONMENT AND FINE IN ACCORDANCE WITH SECTIONS 10 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, FOR THE WILFUL DISOBEDIENCE OF THE ORDER DATED 06.02.2024 PASSED BY V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN G AND WC NO.442 OF 2023 TITLED AS "MR. SHARDUL SIDHU Vs MRs. GABRIELLA NADIA DA PIEDADE MONTE DA" AND ETC.

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IN W.P. NO.6121 OF 2024:

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BETWEEN:

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GABRIELLA NADIA DA PIEDADE MONTE DA SILVA W/O. SHARDUL SIDHU AGED ABOUT 34 YEARS R/AT H.NO.414 RU DO ABADE FARIA MARGOA, SALCETE SOUTH GOA, GOA - 403 601

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... PETITIONER

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((BY SRI S.S. NAGANAND, SENIOR ADVOCATE ALONG WITH SMT. S.K. PRATHIMA, ADVOCATE)

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AND:

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SHARDUL SIDHU S/O HIMMAT SINGH SIDHU AGED ABOUT 38 YEARS

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R/A VILLA NO.237 PRESTIGE AUGUSTA GOLF VILLAGE KOTHANUR, BENGALURU - 560 049.

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... RESPONDENT

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BY SMT. JAYNA KOTHARI, SENIOR ADVOCATE FOR SRI NAVEEN CHANDRA V., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE FORM OF CERTIORARI TO SET ASIDE THE ORDER DATED 06.02.2024 ON I.A. NO.2 FILED BY THE RESPONDENT UNDER SECTION 12 OF G AND WC ACT, 1890 IN G AND WC NO.442/2023 VIDE ANNEXURE-J PASSED BY THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE.

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IN W.P. NO.10508 OF 2024:

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BETWEEN:

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SHARDUL SIDHU AGED ABOUT 38 YEARS S/O HIMMAT SINGH SIDHU PRESENTLY RESIDING VILLA No.237, PRESTIGE AGUGUSTA GOLF VILLAGE, KOTHANUR BENGALURU - 560 049

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... PETITIONER

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(BY SRI ADAB SINGH KAPOOR, ADVOCATE)

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AND:

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MRS. GABRIELLA NADIA DA PIEDADE MONTE DA SILVA AGED ABOUT 34 YEARS D/O. FERNANDO MONTE DA SILVA W/O. MR. SHARDUL SIDHU R/O. VILLA No.237, PRESTIGE AUGUSTA GOLF VILLAGE KOTHANUR, BENGALURU - 560 049

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... RESPONDENT

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PRESENTLY RESIDING AT H NO 414, RUA DO ABADE FARIA, MARGOA, SALCETA, SOUTH GOA GOA - 403 601

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(BY SRI S.S. NAGANAND, SENIOR ADVOCATE ALONG WITH SMT. S.K. PRATHIMA, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE APPROPRIATE WRIT/ORDER/DIRECTIONS, MORE IN THE NATURE OF WRIT OF CERTIORARI TO MODIFY AND ENHANCE THE DURATION OF INTERIM CUSTODY GRANTED TO THE PETITIONER VIDE THE IMPUGNED ORDER DATED 06.02.2024 PASSED BY THE V LD. ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN I.A.NO.2 OF G AND WC NO.442 OF 2023 TO THE EXTENT THAT THE CUSTODY OF THE MINOR CHILDREN BE GIVEN TO THE PETITIONER DURING THE PENDENCY OF G AND WC NO.442 OF 2023 AND FURTHER THAT VISITATION ACCESS (50% DURING VACATION) GIVEN TO THE RESPONDENT BE SET ASIDE (ANNEXURE-A)., ETC.

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THIS CCC CONNECTED WITH WRIT PETITIONS HAVING BEEN HEARD AND RESERVED, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS M.I.ARUN J., DELIVERED THE FOLLOWING:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N.V. ANJARIA and HON'BLE MR. JUSTICE M.I. ARUN

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CAV JUDGMENT

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(PER: HON'BLE MR. JUSTICE M.I. ARUN)

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The aforementioned contempt petition and two writ petitions arise out of the order dated 06.02.2024 passed on I.A.No.2 in G & WC No.442 of 2023 by the V Additional Principal Judge, Family Court, Bengaluru. For the said reason, they are taken up together and decided in this common judgment.

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For the sake of convenience, the parties are referred to as per their status before the trial Court.

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Petitioner is the husband and respondent is the wife. Out of their wedlock two children are born. The boy is aged 9 years and the girl is aged 8 years. There has been a matrimonial dispute between the petitioner and respondent, resulting in they living separately. It also resulted in petitioner preferring G&WC No.442 of 2023 praying for custody of the children. Respondent has opposed the same. The petitioner has also filed I.A.No.2 under Section 12 of the Guardians and Wards Act, 1890 seeking interim sole custody of the minor children or alternatively, visiting rights to the petitioner in respect of minor children. The trial Court upon hearing the

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parties has passed the following order on I.A.No.2 in G&WC No.442 of 2023.

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"ORDER

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I.A.No.2 filed by the petitioner under Sec.12 of the G & W Act is hereby partly allowed.

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The respondent is hereby directed to hand over the children Master Tiago Monte Da Silva Sidhu and Ms. Ines Monte Da Silva Sidhu to the petitioner for completion of their academic year education at Bangalore International School at Bangalore.

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The respondent is given visitation rights on Sunday whenever she wants, with prior intimation to petitioner without affecting the education of children.

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During vacation (50%) of the schools, the respondent/mother is entitled to take her children with prior permission of the Court.

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The respondent is also permitted to talk with the children on alternative day through phone call between 6.00 to 7.00 p.m.

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Both the parties are hereby directed not to give ill advise to the children whenever they were in their custody under the visitation rights.

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During the visitation time, they have to maintain peace and harmony and they have to fix the place and time for communication."

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Not satisfied by the same, the petitioner has filed Writ

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Petition No.10508 of 2024 and the respondent has filed Writ Petition No.6121 of 2024. The petitioner also has

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preferred Contempt Petition No.214 of 2024 alleging breach of

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the order passed on I.A.No.2 in G&WC No.442 of 2023.

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The prayer made by the petitioner in Writ Petition

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No.10508 of 2024 is as follows:

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"WHEREFORE, in the interest of justice and equity, it is respectfully prayed that this Hon'ble Court may be pleased to:

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i. Issue appropriate writ/order/directions, more in the nature of Writ of Certiorari to modify and enhance the duration of interim custody granted to the Petitioner vide the impugned order dated 06.02.2024 passed by the Vth Ld. Additional Principal Judge, Family Court, Bengaluru in I.A.No.2 of G & WC No.442 of 2023 to the extent that the custody of the minor children be given to the Petitioner during the pendency of G & WC No.442 of 2023 and further that visitation access (50% during vacation) given to the Respondent be set aside; (Annexure-A),

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ii. Award costs of the Petition to the petitioner; and/or

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iii. Pass such other order as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity."

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The prayer made by the respondent in Writ

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Petition No. 6121 of 2024 is as follows:

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"Wherefore it is respectfully prayed that this Hon'ble Court may be pleased to

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a. Issue a Writ, order or direction in the form of Certiorari to set side the order dated 6.02.2024 on IA No.2 filed by the Respondent under Sec 12 of G & WC Act, 1890 in G & WC No.442/2023 vide Annexure J passed by the V Addl. Principal Judge, Family Court at Bangalore.

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b. Pass any other further orders as this Hon'ble Court deems fit to grant in the facts and circumstances of the case."

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In the course of the proceedings, this Court had passed interim order dated 08.04.2024. The said order was as under:

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"The contempt petition as well as the writ petitions were further considered by the Court with the help of learned Senior Advocate, Smt.Jayna Kothari for the complainant-husband assisted by Mr.V.Naveen Chandra and learned Senior Advocate, Mr.S.S.Naganand assisted by Smt.S.K.Prathima for the respondent-wife.

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On 01.04.2024, the Court had an occasion to interact with two minor children in chamber personally, and thereafter, also in the presence of their father and mother, the parties herein. It was at that time given out that since presently the children have been studying at Manovikas English Medium School at Goa, they would go back to Goa.

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Today, the parties as well as the two minor children having come to Bengaluru, attended the proceedings.

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On being asked by the Court, learned Senior Advocate for the wife showed the certificate issued by the Goa School in which, it is stated that since the matter is sub-judice, the children have been provisionally admitted to the school and that they have been attending the classes. It was also stated that the vacation in the school at Goa where the children are studying,

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would commence from 19.04.2024 to last till 04.06.2024.

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Upon anxious consideration of the controversy and the rival claims of parents about the custody of the children, the Court finds that the further interaction of the parents with children and all of them staying together may break the ice to be in the larger interests and future of the children. Since the vacation is approaching in the school, it would be an opportunity for the parties to stay and mingle with their children.

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In above view, following further interim arrangement is directed and provided for,

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(i) The children are permitted to be taken by the mother to Goa to attend the classes, to be held till the vacation commences.

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(ii) During the first two weeks’ of the vacation, from 19.04.2024 to 04.05.2024 the children are permitted to stay at Goa with their mother at the house where they have been presently residing.

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(iii) The husband is permitted, and expected, to go to Goa and meet the children. The wife shall permit the husband to meet the children. It is expected that whole family will stay together at Goa.

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(iv) For rest of the three weeks in the latter part of the vacation from 05.05.2024 to 26.05.2024, the wife shall stay at Bengaluru. The husband as agreed by him, shall make arrangement for stay of the wife and ensure that all usual facilities to live comfortable life during the stay will be made available to the wife. The stay of the wife shall be in the vicinity of the house of the husband.

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(v) The husband shall also make arrangement for the transportation and tickets of the wife to come to Bengaluru and stay for two weeks.

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(vi) During the stay of children at Bengaluru, the children shall stay with the husbandfather at husband’s place.

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(vii) The wife shall have the right to visit the children at the husband’s place and the husband shall allow the wife at all time when she wants to meet the children.

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Notwithstanding the above arrangements, it will be open for the parties to stay together at one place and spent their own time.

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For further consideration, stand over to 24.04.2024."

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This order was taken to the Supreme Court by way of Special Leave to Appeal (C) No.10381 of 2024 wherein, the Apex Court has passed the order dated 10.05.2024. The said order is reproduced as under:

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"1. Issue notice, returnable on 11.06.2024.

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Dasti service, in addition, is permitted.

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Till the next date of hearing, the parties are directed to maintain status quo, as of today."

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The Special Leave Petition was finally disposed of by the

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Hon'ble Supreme Court as per order dated 30.01.2025. The relevant paragraphs of the said order are reproduced as under:

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"2. Since the present petition arises purely out of an interlocutory order passed by the High Court on 08.04.2024, we direct that the High Court shall decide the contempt petition as well as the writ petition on their own merits, as early as possible and preferably within a period of six weeks from today.

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Till the High Court decides the matter, the orders passed by this Court regarding maintenance of status quo, at the first instance on 10.05.2024 and was

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directed to continue thereafter, shall continue to operate.

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With the above observations and directions, the special leave petition is disposed of."

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The pleadings by the parties reveal that the petitioner and respondent got married in Goa and were living in Goa initially and thereafter, moved to Bengaluru and at the time of they parting ways, the place of matrimonial house was in Bengaluru. The petitioner has made allegations of cruelty and adultery against the respondent and has also alleged that she has not been a good mother and has neglected the children.

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Per contra, the respondent has alleged cruelty as against the petitioner and further submits that she has been a very good mother and as the children are aged 9 years and 8 years and being very young, require the care of the mother. She further submits, though she does not admit that she has committed adultery, committing the same does not make her a bad mother and it cannot preclude her from being in custody of the children.

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12. The aforementioned allegations made by both the parties

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against each other is a matter of trial and has to be proved by

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the respective parties by leading evidence. Admittedly,

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evidence has not been let-in in the instant case.

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What is called in question in the instant writ petitions, is the order of the trial Court passed on I.A.No.2 in G&WC No.442 of 2023 and in contempt petition the allegation is about disobedience of the same.

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In respect of the contempt petition, the respondent submits that she has obeyed the order passed by the trial Court.

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Perusal of the order passed on I.A.No.2 in G & WC No.442 of 2023 shows that the trial Court, taking into consideration that the children were studying in Bengaluru and the father was residing in Bengaluru and the mother was residing in Goa, it has directed the custody of the children be given to the petitioner (father) till the completion of the academic year, which is 2023-24 and the visitation rights to the respondent (mother) has also been decided only till the end of the academic year 2023-24.

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The academic year 2023-24 has already come to an end. We are in March, 2025. Under the circumstances, the

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interim order has spent itself. Nothing has been decided by the trial Court in respect of the custody of the children subsequent to the academic year 2023-24. Admittedly, the children are presently in the custody of the petitioner-father and are studying in Bengaluru.

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As the impugned order has spent itself as explained above, both Writ Petition Nos.6121 of 2024 and 10508 of 2024 have to be considered as having become infructuous.

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In respect of the contempt petition, the same is filed by the petitioner against the respondent alleging violation of the order passed on I.A.No.2 in G & WC No.442 of 2023 by the V Additional Principal Judge, Family Court, Bengaluru.

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The contempt alleged against the respondent is that she failed to hand over custody of the children to the petitioner inspite of the order by the Court. However, in the course of the proceedings it is now submitted that the children are in the custody of the petitioner-father. Under the said circumstances and also taking note of the fact that the interim order has now spent itself, we are not inclined to proceed against the respondent in the contempt petition and hold that there is

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substantial compliance of the order passed on I.A.No.2 in G&WC No.442 of 2023.

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In the facts of the case arising as above, the court while disposing of the present proceedings of two writ petitions as well as the contempt petition, as per the directions given in the operative part herein below, is inclined to continue the order of status quo in relation to the custody of two children as was directed by the Apex Court in its order dated 10.05.2024, and which has been operative. This is for the reason that the two children have been pursuing their schooling at Bengaluru with comfort and harmony, in custody of petitioner

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father-husband.

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Hence, the following final order is passed:

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(i) Writ Petition No.10508 of 2024 filed by the petitioner-husband as well as Writ Petition No.6121 of 2024 filed by the respondent-wife, both are hereby dismissed.

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(ii) Proceedings of C.C.C.No.214 of 2024 are hereby dropped.

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(iii) The order impugned has spent its time period and has worked out for itself. Therefore, the parties are at liberty to work out their rights

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and remedies in the Guardian and Wards Proceedings No.442 of 2023 pending before the court concerned.

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(iv) Until further orders of the trial court, under the given facts and circumstances of the case, order of status quo as operating today by virtue of the order of the Hon'ble Supreme Court dated 10.05.2024 shall continue to operate, as a result of which, both the children shall continue their studies at Bengaluru under the custody of the petitioner-father.

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(v) The visitation rights of the respondentmother shall also be continued as it is on today until further orders of the trial court.

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(vi) The trial court shall decide G & WC No.442 of 2023 based on the pleadings and the evidence to be led in by the parties without being influenced by any of the observations made herein above.

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Sd/(N.V. ANJARIA) CHIEF JUSTICE

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Sd/(M.I.ARUN) JUDGE

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VMB

Mr. Shardul Sidhu v. Mrs. Gabriella Nadia Da

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Mr. Shardul Sidhu v. Mrs. Gabriella Nadia Da

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