Vishnu Kumar Agarwal Vs Tripti Agarwal — Contempt of Court | Karnataka HC (2025)

Vishnu Kumar Agarwal Vs Tripti Agarwal — Contempt of Court | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No punishment imposed; the contempt petition was disposed of as nothing survived, on the respondents' counsel's statement that the parents (Tripti Agarwal and Apoorva Prem Verma) will allow the grandparents twice-weekly visits after prior intimation and outside school hours.

Issue for consideration

Whether accused Nos. 1 and 2 committed contempt by disobeying the order dated 07.01.2025 passed by this Court in MFA No.8418/2024 (GW), warranting punishment under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India.

Court's answer

In course of the hearing, the Court took on record the statement of learned advocate Smt. T.O. Rajitha for the respondents that the parents, Mrs. Tripti Agarwal and Mr. Apoorva Prem Verma, will allow the grandparents to visit their house twice a week and meet the child as directed, after prior intimation and during hours other than school hours.

Ratio / Principle

In view of the above, nothing survives in the present contempt petition and it is disposed of accordingly; no punishment was imposed on the accused.

Detailed headnote1 paragraphs

CCC No. 94 of 2025 (CIVIL), High Court of Karnataka at Bengaluru (oral judgment dated 10.03.2025; N. V. Anjaria, C.J., authoring for the bench with M.I. Arun, J.). Complainants Vishnu Kumar Agarwal, Rashmi Agarwal and Ipsita Agarwal sought punishment of accused Tripti Agarwal and Apoorva Prem Verma under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, for alleged wilful disobedience of the order dated 07.01.2025 in MFA No.8418/2024 (GW) permitting the petitioners of G & WC.No.9 of 2020 (aunt and grandparents) to visit the minor child Riaan Agarwal — whose custody is admittedly with the parents — twice a week; the underlying matter was a common order of the Principal Senior Civil Judge and J.M.F.C., Srirangapatna in G & WC.No.4 of 2020 clubbed with G & WC.No.9 of 2020. Counsel for the accused stated that the parents would allow the grandparents to visit the house twice a week and meet the child as directed, after prior intimation and outside school hours; the Court held that nothing survived in the contempt petition and disposed of it accordingly without imposing any punishment.

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NC: 2025:KHC:10066-DB CCC No. 94 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF MARCH, 2025

PRESENT

THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE M.I.ARUN CCC NO. 94 OF 2025 (CIVIL)

BETWEEN:

VISHNU KUMAR AGARWAL S/O. LATE HAR PRASAD AGARWAL AGED ABOUT 72 YEARS,

RASHMI AGARWAL

W/O. VISHNU KUMAR AGARWAL,

AGED ABOUT 67 YEARS,

IPSITA AGARWAL

D/O. VISHNU KUMAR AGARWAL,

Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka

AGED ABOUT 34 YEARS,

COMPLAINANTS No.1 TO 3 ARE RESIDING AT, D. NO. L V 38, ZUARI GARDEN CITY, KRS ROAD, HULIKERE VILLAGE, SR PATNA TALUK, MANDYA, KARNATAKA - 571 607.

…COMPLAINANTS

(BY SRI SUSHANTH KUMAR THAKUR, ADVOCATE FOR SRI HITESH GOWDA B. J., ADVOCATE)

2 - NC: 2025:KHC:10066-DB CCC No. 94 of 2025

AND:

TRIPTI AGARWAL W/O. APOORVA PREM VERMA, AGED ABOUT 40 YEARS,

APOORVA PREM VERMA S/O. PREM KUMAR AGED ABOUT 42 YEARS,

ACCUSED No.1 & 2 ARE RESIDING AT, NO. 3076/2, GOKULAM, 1^ST STAGE, MYSORE CITY, MYSORE - 570 002. ALSO AT 2063, PRESTIGE MISTY WATER, ANJANEYA TEMPLE ROAD, KEMPAPURA, HEBBAL, BANGALORE - 560 024.

…ACCUSED

(BY SMT. T.O. RAJITHA, ADVOCATE)

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO PUNISH THE ACCUSED NO.1 AND 2 IN THE ABOVE CASE FOR HAVING COMMITTED AN ACT OF CONTEMPT WILLFULLY, INTENTIONALLY, PURPOSEFULLY AND DELIBERATELY BY DISOBEYING THE ORDER PASSED BY THIS HON'BLE COURT DATED 07.01.2025 IN MFA NO.8418/2024 (GW) AS ER ANNEXURE-A.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2025:KHC:10066-DB CCC No. 94 of 2025

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

HON'BLE MR JUSTICE M.I.ARUN

ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

This contempt petition arises out of the judgment and order

passed by learned Principal Senior Civil Judge and J.M.F.C., Srirangapatna, which is common order in G & WC.No.4 of 2020 clubbed with G & WC.No.9 of 2020.

The first guardian award petition is filed by the parents whereas, the other guardian award petition is filed by the aunt and the grandparents who happen to be the parents of the wife. The custody of nine and a half year child who is a boy named Riaan Agarwal is admittedly, as per the court's order, is with the parents. The grandparents want visitation rights.

The court permitted visitation rights by observing that the petitioners of G & WC.No.9 of 2020 may visit the place where the child is staying with his parents twice a week without disturbing the educational activities of the ward.

4 - NC: 2025:KHC:10066-DB CCC No. 94 of 2025

In course of the hearing, learned advocate Smt. T.O. Rajitha for the respondents stated that the parents named Mrs. Tripti Agarwal and Mr. Apoorva Prem Verma will allow the grandparents to visit their house twice a week and meet the child as directed, this may be done after prior intimation and during the hours other than the school hours.

In view of the above, nothing survives in the present contempt petition. It is disposed of accordingly.

Sd/(N. V. ANJARIA) CHIEF JUSTICE

Sd/(M.I.ARUN) JUDGE

DDU

List No.: 1 Sl No.: 39