Mr. Vivek. S. P. Vs Smt. Meghana Prakash — Contempt of Court | Karnataka HC (2025)

Mr. Vivek. S. P. Vs Smt. Meghana Prakash — Contempt of Court | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of without any punitive direction; upon recordal of counsel's statements that the complainant/petitioner may take the minor child from the accused/respondent's residence the same day at 5.00 P.M. in terms of Clause 3 of the memorandum of settlement

Issue for consideration

Whether appropriate proceedings including contempt proceedings should be initiated against the accused/respondent for wilful, deliberate, wanton disobedience and non-compliance of the memorandum of settlement dated 04.02.2025 (Clauses 3, 4 and 5) incorporated in the order dated 04.02.2025, she having allegedly not handed over the child despite the settlement

Court's answer

Statements made on behalf of the accused/respondent (that, on her instructions, the petitioner is at liberty to take the child in terms of Clause 3 of the memorandum of settlement) and on behalf of the complainant/petitioner (that he would visit the respondent's house the same day at 5.00 P.M. to take the child in terms of Clause 3) were taken on record by the Court

Ratio / Principle

In view of the statements so recorded, and at the joint request of learned counsel for the parties, the Court disposed of the civil contempt petition ('Ordered accordingly'); no finding of contempt or punishment is recorded in the order

Detailed headnote1 paragraphs

Civil contempt petition (CCC No. 514 of 2025) under Ss. 2(b), 10 and 12 of the Contempt of Courts Act, 1971 r/w Article 215 of the Constitution of India: the complainant-father (Vivek S.P.) alleged wilful, deliberate, wanton disobedience by the accused-respondent (Meghana Prakash) of the disposal order dated 04.02.2025 passed by the II Additional Family Judge in G AND WC 178/2024, whereby the memorandum of settlement of even date entered before the Karnataka Mediation Centre was directed to form part of the order. Settlement Clauses 3-5: sole and permanent custody of the minor son Master Abhimanyu Vivek (born 24.04.2017) to the father, who undertakes to bear all expenses; the mother entitled to visitation on the 2nd and 4th weekends of every month, with the father dropping the child at her residence at 10 a.m. on the 2nd/4th Saturday and picking him up on Sunday at 7:00 PM. Complaint: the accused had not handed over the child despite the settlement. On 09.06.2025, learned counsel for the respondent stated on instructions that the petitioner is at liberty to take the child in terms of Clause 3, and counsel for the petitioner stated he would visit the respondent's residence the same day at 5.00 P.M. to take the child. The Court (V Kameswar Rao, Acting Chief Justice - author; C M Joshi, J) took the statements on record and, in view thereof, disposed of the petition ('Ordered accordingly') without recording any finding of contempt or punishment (paras 5-8).

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NC: 2025:KHC:19447-DB CCC No. 514 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF JUNE, 2025

PRESENT

THE HON'BLE MR V KAMESWAR RAO ACTING CHIEF JUSTICE

AND

THE HON'BLE MR JUSTICE C M JOSHI CIVIL CONTEMPT PETITION NO. 514 OF 2025

BETWEEN:

MR. VIVEK S.P, AGED ABOUT 41 YEARS, S/O LATE R SREEKUMAR, R/AT NO. 162/1/1, ANUGRAHA, 3^RD CROSS, RAJMAHAL EXTENSION, SADASIVANAGAR, BANGALORE - 560 080.

…COMPLAINANT

(BY MS. DEEPA.J, ADVOCATE)

AND:

Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA

SMT. MEGHANA PRAKASH, AGED ABOUT 34 YEARS, W/O VIVEK S P, R/AT NO. 402, VISTA AZALEA-2, 9^TH MAIN ROAD, SADASIVANAGAR, BANGALORE-560 080.

…ACCUSED

(BY SRI ARJUN P R, ADVOCATE)

THIS CCC IS FILED UNDER SECTION 2(b), 10 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE APPROPRIATE PROCEEDING INCLUDING PROCEEDINGS FOR CONTEMPT OF COURT AGAINST THE ACCUSED HEREIN FOR WILFUL, DELIBERATE, WANTON DISOBEDIENCE AND NONCOMPLIANCE OF THE MEMORANDUM OF SETTLEMENT DATED

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04.02.2025, ENTERED BETWEEN THE PARTIES BEFORE THE KARNATAKA MEDIATION CENTRE(ANNEXURE-B) AND THE DISPOSAL ORDER PASSED BY THE II ADDITIONAL FAMILY JUDGE ON 04.02.2025 IN G AND WC 178/2024 (ANNEXURE-A) BY THIS HONBLE COURT AND PUNISH HER IN ACCORDANCE WITH LAW.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE and

HON'BLE MR JUSTICE C M JOSHI

ORAL ORDER

(PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE)

This contempt has been filed alleging non-compliance of the order dated 04.02.2025, whereby the memorandum of settlement executed between the parties on 04.02.2025, was directed to be form part of the order.

Learned counsel for the complainant/petitioner has

drawn our attention to the memorandum of settlement, more specifically, Clauses 3, 4 and 5 thereof which reads as under:

"3. Both the parties state that they have a son by name Master Abhimanyu Vivek, born on 24.04.2017 aged about 7 years 10 months. It is agreed between the parties that the petitioner/father shall be the sole and permanent custodian and

3 - NC: 2025:KHC:19447-DB CCC No. 514 of 2025

HC-KAR

guardian for the minor son in future for which the respondent/mother has no objection.

4. It is agreed between the parties that the petitioner/father undertakes to bear entire expenses such as maintenance, education, medical and all other upbringing expenses of the minor son Master Abhimanyu Vivek in future.

5. The respondent/mother is entitled to visit the minor son on 2^nd and 4^th weekends of every month, further the petitioner/father has agreed to drop the minor son to her residence as shown in the petition at 10 a.m. on every 2^nd and 4^th Saturday and pick up the minor son on the next day i.e. Sunday at 7:00 PM."

She submits that the accused/respondent herein

has not handed over the child, despite the settlement as agreed between the parties.

The submission is contested by the learned counsel for the accused/respondent by stating that the accused/respondent has been calling upon the complainant/petitioner to take the child in terms of the settlement.

Today learned counsel for the accused/respondent on instructions from the accused/respondent states that the petitioner is at liberty to take the child in terms of Clause 3

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NC: 2025:KHC:19447-DB CCC No. 514 of 2025

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which we have reproduced above. On this, learned counsel for

the petitioner states that the petitioner shall visit the house of the respondent today at 5.00 P.M. to take the child in terms of

Clause 3.

The statements are taken on record.

Learned counsel for the parties says in view of the

order, petition be disposed of.

Ordered accordingly.

Sd/(V KAMESWAR RAO) ACTING CHIEF JUSTICE

Sd/(C M JOSHI) JUDGE

NR/-

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