VINEET KUMAR LAKHANPAL vs NAMAN LAKHANPAL & ANR.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decision delivered on: 23.01.2024
+ CONT.CAS(C) 1410/2023
VINEET KUMAR LAKHANPAL ….. Petitioner
Through: Mr Aman Chawla and Ms Kritika Gupta, Advs. along with petitioner.
Versus
NAMAN LAKHANPAL & ANR. ….. Respondents
Through: Mr Sunil Mittal, Sr Adv. with Ms Seema Seth and Ms Muskan Deswal, Advs.
CORAM:
HON’BLE MR. JUSTICE RAJIV SHAKDHER
HON’BLE DR. JUSTICE SUDHIR KUMAR JAIN
[Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J. (ORAL):
1. This contempt petition has been preferred by the petitioner/husband vis-à-vis orders dated 23.12.2022, 05.01.2023 and 07.02.2023.
2. Mr Aman Chawla, who appears on behalf of the petitioner/husband, says that the principal grievance of the petitioner/husband is that respondent no.1/wife is in violation of the directions issued by the coordinate bench concerning interaction with the children.
3. According to Mr Chawla, respondent no.2, who is the brother of respondent no.1/wife, is aiding and abetting respondent no.1/wife in breaching the directions contained in the aforementioned orders.
4. We may note that via order dated 23.12.2022, the coordinate bench had issued the following directions with regard to the interaction with the children:
4. In the meantime, it is agreed, without prejudice to the rights and contentions of the parties, Appellant will have virtual visitation of 5 to 10 minutes everyday at 9:00 PM till the next date of hearing.
5. The aforementioned direction was continued by the coordinate bench via order dated 05.01.2023.
6. Insofar as the aforementioned direction was concerned, it was modified by the coordinate bench on 07.02.2023, albeit to the extent of the time with regard to the commencement of the interaction.
7. The coordinate bench on 07.02.2023 indicated that the video call for the purposes of interaction would commence at 8:00 P.M., instead of 9:00 P.M.
8. Mr Chawla says that the respondents have created impediments in the interaction ordered by the Court between the petitioner/husband and the children. The allegations concerning impediments are part of the averments made in the instant contempt petition.
9. Mr Sunil Mittal, learned senior counsel, who appears on behalf of the respondents, denies that any obstruction was caused by the respondents.
10. It is Mr Mittals contention that, at times, interaction was disrupted on account of technical issues and not because of any willful and intentional act of the respondents bordering on infraction of the directions issued by the court.
11. We have heard learned counsel for the parties.
12. According to us, the best way forward would be to create an environment whereby the petitioner/husband can interact with the children without any hindrance.
13. It would serve no purpose to get entangled in the allegations made in the contempt petition, as it will only fray the already fragile relationship subsisting between the couple, which would directly impact the well being of the children.
14. Accordingly, the following directions are issued:
(i) The petitioner/husband will be entitled to interact with the children daily between 8:00 P.M. and 8:10 P.M.
(ii) Mr Chawla and Ms Seema Seth, who appears on behalf of the respondents, will also join the V.C. meet by logging in at the designated time.
(iii) Mr Chawla and Ms Seth will, however, keep their respective microphone and camera switched off.
(iv) Mr Chawla and Ms Seth will intervene only if there is a disruption, deliberate or otherwise, in the V.C. meet during interaction.
(v) Mr Chawla will host the V.C. meet and send a link to the petitioner/husband, respondent no.1/wife and Ms Seth.
(vi) Respondent no.2, i.e., brother of respondent no.1/wife will not join the V.C. meet and, therefore, no link will be sent to the said respondent.
(vii) If for any professional or other reasons, Mr Chawla and Ms Seth are not able to login at the time given above, they will mutually discuss the issue beforehand and fix an appropriate time in the course of the day. Needless to add, the convenience of the petitioner/husband and respondent no.1/wife will also be considered.
15. The contempt petition is disposed of, in the aforesaid terms.
16. Parties will act based on the digitally signed copy of the order.
RAJIV SHAKDHER, J
SUDHIR KUMAR JAIN, J
JANUARY 23, 2024/aj
CONT.CAS(C) 1410/2023 Page 4 of 4