High Court of H.P.IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.M.P. Nos. 1183 of 2018, 413 of 2019, 686

of 2020, 1696 of 2020 in Cr.MMO No. 191 of

2016 along with COPC No. 81 of 2019

Reserved on: 26.2.2021

Date of decision: 24.5.2021

1. Cr.M.P. Nos. 1183 of 2018, 413 of 2019, 686 of 2020,

1696 of 2020 in Cr.MMO No. 191 of 2016

Smt. Sangita Sharma & Another. …Petitioners.

Versus

Sh. Rohit Kalia. …Respondent.

2. COPC No. 81 of 2019

Sh. Rohit Kaila. …Petitioner

Versus

Smt.Sangita Sharma. …Respondent

Coram

The Hon’ble Mr. Justice Vivek Singh Thakur, Judge.

Whether approved for reporting?

1

Yes.

For the Petitioners: Mr.Y.P. Sood, Advocate, in Cr.MMO No.

191 of 2016, for non-applicants in Cr.M.P.

No. 686 of 2020 and Cr.M.P. No. 1696 of

2020 and for the respondent in COPC No.

81 of 2019.

For the Respondent: Mr.J.L. Bhardwaj, Advocate, for the

respondent in Cr.MMO No. 191 of 2016,

for applicant in Cr.MP No. 686 of 2020

and Cr.MP No. 1696 of 2020 and for the

petitioner in COPC No. 81 of 2019.

Vivek Singh Thakur, Judge

Contesting parties herein are husband and wife, who are

parents of one son and hereinafter, for convenience, they shall be

referred as husband and wife or father and mother as the reference

may be.

2. Undisputed facts in present case are that marriage

between Rohit Kalia (husband) and Sangita Sharma (wife) was

solemnized on 25.4.2012 in accordance with Hindu rites and rituals.

Whether the reporters of the local papers may be allowed to see the Judgment? Yes

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Marital life of couple was neither healthy nor happy, however out of

wedlock, couple was blessed with son ‘Yuvan Kalias alias Aadvik

Sharma’ on 28.10.2014, who, as such, now is about 6 and ½ years old.

3. For bitterness in relations for so many reasons, husband

and wife had initiated various proceedings under various enactments

against each other but involving other family members also.

4. Wife had preferred complaint under Section 12 of

Protection of Women from Domestic Violence Act, complaint converted

into FIR No. 284 of 2015 under Sections 406, 498-A IPC, registered in

Police Station, Haroli, petition for maintenance under Section 125

Cr.P.C. and a petition for divorce under Section 13(1) (ia) and 13 (1)

(ib) of Hindu Marriage Act for dissolution of marriage in Courts at Una.

Whereas husband had also initiated a civil suit against wife and a

petition under Section 9 of Hindu Marriage Act for restitution of

conjugal rights in Civil Court, Chandigarh and also a petition under

Guardian and Wards Act, 1890 at Una for custody of child and a

Contempt Petition No. 332 of 2017, titled Rohit Kalia Vs. Sangita

Sharma in this High Court.

5. In petition filed under Section 125 Cr.P.C., learned Judicial

Magistrate had awarded interim maintenance to wife and child

amounting to `10,000/- each, which was reduced by learned Sessions

Judge in Cr. Revision No. 62 of 2015, preferred by husband. Against

reduction of interim maintenance, wife had approached this Court by

way of Cr.MMO No. 191 of 2016.

6. Pending adjudication Cr.MMO No. 191 of 2016, matter

was referred for mediation, and during mediation proceedings husband

and wife had agreed not to pursue the issue involved in Cr.MMO No.

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191 of 2016 and also other matters pending intra them and it was

agreed to close all the matters pending in various Courts against each

other with further understanding that in HMA No. 166 of 2017 pending

in the Court of District Judge, Una, titled Sangita Sharma Vs. Rohit

Kalia decree for mutual divorce will be passed between the parties by

this High Court on the basis of settlement arrived at and all other

matters referred supra and also appeals, revisions, applications etc.

arising thereto shall be deemed to have been withdrawn without any

further consequence and adjudication as a result of compromise and

parties were granted liberty to place on record the compromise in

various Courts.

7. With reference to custody of minor child (son) of parties, it

has been agreed that his custody will continue to remain with wife

Sangita Sharma (mother of child), who has voluntarily, out of her own

will, has agreed and undertaken to bear all legal obligation for

maintenance, upbringing and ensuring the welfare of minor till he

attains the age of majority without claiming any financial and other

contribution of any kind from the husband (father of son) or his parents

or any other relatives, except as agreed in terms of settlement. As per

settlement husband (father) has undertaken to deposit an amount of

`3,50,000/- in the name of minor child identifying him as Yuvan Kalia

alias Aadvik Sharma, by way of Fixed Deposit Receipt which shall not

be withdrawn/encashed till the minor son attains the age of majority,

i.e. 18 years. However, the periodical interest earned from the said

FDR will be released to wife (mother) Ms.Sangita Sharma for utilization

thereof exclusively on the welfare and upbringing of child and on

attaining age of majority, son will be entitled to encash and withdraw

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the amount from the concerned bank with entitlement to use and utilize

the same at his own discretion.

8. Clauses 9 and 10 of terms and conditions of settlement

deal with visitation rights of non-custodial parent and in clause 9 it has

been agreed that father of child will have visitation rights to meet his

minor child on second and fourth Saturdays and Sundays of every

month at 2:30 P.M. on Saturdays and 11:00 A.M. on Sundays for a

duration of 2½ hours and the husband will be at liberty to exercise

such rights singly or jointly with his parents, but in absence and to the

exclusion of mother Sangita Sharma, her parents and all her relatives

for a duration of 1 hour and the child, if taken to any other place during

said 1 hour, shall have to be handed over back safely to the custody of

mother and/or her parents, whosoever brings the child to the appointed

location mentioned in this clause.

9. In clause 10 of settlement, it has been re-iterated and

accepted between the parties that right of visitation 4 times in a month,

as above, is the absolute right created, which will not be altered for any

reason, however, parties have been given liberty to approach the High

Court of Himachal Pradesh for variation, alteration or modification of

terms and conditions, mechanism and mode of exercising the right of

visitation, including custody on account of legal disability of mother.

10. Besides above, it was also agreed that child/son of parties

shall be known and identified by the name of ‘Yuvan Kalia alias Aadvik

Sharma’ by recording it accordingly whereever so required as father

has named him as ‘Yuvan Kalia’, whereas mother has named him as

‘Aadvik Sharma’.

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11. Cr.MMO No. 191 of 2016 has been disposed of in terms of

settlement arrived at between the parties and the petition filed by wife

being HMA No. 166 of 2017 has been ordered by the co-ordinate

Bench of this Court vide order dated 30.8.2018, to be called to this

Court for passing appropriate order therein, in terms of settlement

arrived at between the parties.

12. In the meanwhile, after disposal of Cr.MMO No. 191 of

2016, husband, on 18.8.2018, has preferred Cr.M.P. No. 1183 of 2018

with averments that wife has not taken steps for correcting the name of

child in Aadhar Card to reflect it as ‘Yuvan Kalia alias Aadvik Sharma’

and she is not handing over documents with corrected name, to the

father of child, enabling him to deposit the amount in terms of

settlement against complete correct name of the child, as agreed

between the parties and also that mother of child is not permitting the

father of child to exercise his right of visitation for non deposit of

amount in Fixed Deposit Receipt as per terms of the settlement.

13. Pending adjudication this application, father has deposited

`3,50,000/- in the Registry of this Court, which has been invested by

the Registry in terms of settlement as recorded in order dated

16.11.2018 passed in Cr.M.P. No. 1183 of 2018, referred supra. On

4.1.2019, co-ordinate Bench of this court had again directed to call for

record of HMA Petition No. 166 of 2017 from the court of learned

District Judge, Una for listing the same before appropriate Bench for

passing appropriate orders in terms of settlement.

14. For tone and tenor of the order passed by co-ordinate

Bench of this Court and also for terms and conditions of the settlement,

petition HMA No. 166 of 2017, titled Sangita Sharma Vs. Rohit Kalia

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was to be transferred to High Court for passing appropriate order for

dissolution of marriage of parties with mutual consent. Instead thereof

record has been requisitioned and petition is alive and pending in the

Court of learned District Judge, Una. Be that as it may, in terms of

settlement arrived at between the parties and subsequent orders

passed by co-ordinate bench of this Court, petition HMA No. 166 of

2017 is to be disposed of by passing a decree of dissolution of

marriage between parties as agreed. Original side jurisdiction to

decide such petition is with learned District Judge. Therefore, learned

District Judge has to decide the HMA No. 166 of 2017 by treating it as

a petition for mutual divorce as agreed by parties in amicable

settlement.

15. With respect to updating the name of child in the Aadhar

Card as ‘Yuvan Kalia alias Aadvik Sharma’, it has been pleaded on

behalf of mother that despite making all out efforts by her, the

concerned authority i.e. Aadhar Sampark Kendra, Unique Identification

Authority of India (UIDAI), did not carry out correction on the ground

that in the Date of Birth Certificate UID No. of son has already been

mentioned and in the said certificate name of the son has been

recorded as ‘Yuvan Kalia alias Aadvik Sharma’ and therefore, it is

sufficient to establish that name of Aadvik Sharma is Yuvan Kalia alias

Aadvik Sharma in the record and the same can be used for any other

purpose. Husband has also placed on record certain documents

claiming that correction in the name of a person in Aadhar Card is

permissible two times as notified by the Government of India, Ministry

of Electronics and IT Unique Identification Authority of India (Enrolment

& Update Division) vide Office Memoranda dated 24.9.2018, 7.2.2019

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and 1.4.2019. Leaving rival claims of parties apart, to resolve the

issue, wife (mother of the child) is directed to handover the original

Aadhar Card, date of birth certificate and other relevant documents like

bank passbook etc. to father of the child as directed herein after in this

order.

16. An application Cr.M.P. No. 413 of 2019 has been filed in

March, 2019 by father for weekend custody of child, right to attend

Parent Teacher Meet, correction of name in Aadhar Card and right to

know the location of child and his school in terms of Child Access &

Custody Guidelines and Parenting Plan, which has been duly

approved by this High Court.

17. Cr.M.P. No. 686 of 2020 has been filed in May, 2020 by

father seeking direction to mother of the child, permitting the father to

have electronic contact with minor child on his mobile as well as E-mail

ID, during the period of complete lockdown in the year 2020. After

lifting of restrictions of lockdown, father had again approached this

Court by filing Cr.MP No. 1696 of 2020 seeking direction to mother to

permit the father to meet his child as per visiting rights as agreed

between the parties which is reflected in order dated 21.4.2018.

18. Contempt Petition No. 81 of 2019 has also been filed by

father on the ground that in the month of April, 2019, father was not

allowed to exercise his visitation rights to meet the minor child as

agreed between the parties and thus mother is liable to be punished

for contempt of Court for willful and intentional disobedience of

undertaking given by her to the Court.

19. In response to the applications and Contempt Petition, the

stand of mother is that she has utmost respect for the judicial system

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and cannot even think to disobey the order passed by the Court and

she is regularly following directions of the Court, including the terms of

settlement and regularly performing her part of performance and to

substantiate her claim, she has also placed on record certain

photographs.

20. Father has also placed on record certain photographs and

has contended that photographs placed on record by mother are old

one pertaining to period of November, 2018 and May, 2019 and has

claimed that from the photographs placed on record by him, it is

evident that mother is not allowing free access of the child to the

father.

21. Learned counsel for the mother has also contended that

prayers made with respect to visitation rights, beyond the scope of

settlement, are not maintainable and father can exercise visitation

rights in accordance with clause 9 of terms and conditions of

settlement and not beyond that. Whereas, learned counsel for the

father has submitted that as per clause 10 of settlement, parties have

been given liberty to approach the High Court for variation, alteration or

modification thereof.

22. No doubt clause 9 of settlement provides the terms in

which visitation rights are to be exercised by the father and clause 10,

in the beginning, provides that right of visitation for four times in a

month as above is the absolute right granted, which will not be altered

for any reason. But at the same time clause 10 also permits the parties

to approach the Court for variation, alteration or modification of terms

mechanism and mode of exercise the right of visitation including

custody on account of legal disability of mother. On combined reading

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of terms and conditions contained in clauses 9 and 10, it can be

undoubtedly inferred that right of visitation for four times in a month will

not be altered for any reason, but the mode and manner in which the

said right is to be exercised can be varied, altered or modified.

Therefore, in my opinion the terms and conditions to exercise visitation

rights contained in clause 9 can be varied, altered and modified, but

frequency of visitation cannot be less than four times in a month as it

has been termed as an absolute right granted in favour of father and

both parties have right to approach the Court for variation, alteration or

modification of terms, as provided in clause 10 of the settlement.

23. In Child Access and Custody Guidelines and Parenting

Plan, drafted by Child Rights Foundation NGO, approved by this High

Court in the year 2014 and communicated to all District and Sessions

Judges to enforce these recommendations in their respective divisions,

in Section 31, it has been observed as under:-

“OVER NIGHT ACCESS: Court’s are under obligation to

consider the child spending equal time, or substantial and

significant time, with each parent. In making a parenting

order the court ‘must consider’ making orders that the child

spend equal time, or if not equal then substantial and

significant time, with each parent. ‘Substantial and significant

time’ is defined to mean, essentially, weekdays and overnight

weekends and holidays, times that allow the parent to be

involved in the child’s daily routine as well as occasions and

events that are of particular significance to the child or the

parent child to maintain or consolidate a secure attachment

with a parent whose behavior is oriented only to ‘visiting’

rather than ‘care-giving’.

 Children have the right to know and be cared for by both

their parents, regardless of whether their parents are

married, separated, divorced, have never married or have

never lived together; and

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 Children have a right to spend time on a regular basis

with, and communicate on a regular basis with, both their

parents and other people significant to their care, welfare

and development (such as grandparents and other

immediate family members & relatives); and

 Children have a right to enjoy their culture (including the

right to enjoy that culture with other people who share

that culture).

Over Night Access at home of the non-custodial parent

should be encouraged at an early stage so that the children

have a close and continuing relationship and get the love,

affection of not only parents but also of grandparents and

other immediate family members like uncle, aunties, cousins

etc. The healthy emotional development of children depends

upon their early experience of a continuous, emotionally

available care-giving relationship, through which they are

able to form an organized attachment, and to develop their

human capacities for thought and relationships essentially.

Children have their right to childhood of hopeful existence

free of exploitations, neglect. Children need constant support

system as well as love, hope and encouragement, all these

things and more are required in order to experience

childhood to the fullest and to eventually develop into a

healthy, capable adult for the full and hormonal development

of his or her personality children should grow up in a family

environment in an atmosphere of happiness, love and

understanding which is very important for their overall growth

and well being. The children should be fully prepared to live

life in society, in the spirit, dignity tolerance, freedom, equality

and solidarity. However, young children are subjected to

exploitation especially in a broken marriage where the court

has to intervene to protect the rights of the child. Children

have to be ensured that their right to parental access, right to

quality of life, right to be cared for, and right to freedom of

expression is not compromised and children get love and

affection from both parents and grandparents and immediate

family members. They should have a sense of belonging to a

healthy family environment maintaining their heritage so that

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the genealogy of the child is not lost after attaining adulthood

and they are able to be linked with their ancestors. Overnight

access should, therefore, be encouraged at an early stage.”

24. Section 30 of these Guidelines also provides that excess

schedule for access for the child of parent can vary as per

convenience of the parties by presenting a petition before the Court.

Chapter 3 provides local guidelines with respect to parties residing

within 200 driving kilometers of each other, part D whereof contains

provision with respect to final visitation regarding children of 36 months

and older. It provides that non-custodial parent shall be entitled for

weekend visitation on every weekend, weekday visitation, right of to

spend at least four hours on the holiday or festival day and festivals

weekend overnight access, right to spend 50% of each vacation during

long vacations like Diwali, Christmas, summer, winter etc. Chapter 4 of

Guidelines contains Non-Local Guidelines with respect to parties, not

residing within 200 driving kilometers of each other. It also provides at

least one weekend vacation on every week, right to spend holidays,

celebrate religious holiday, right to spend 50% of long vacation such as

Diwali, Christmas and summer and winter. Paramount consideration in

all eventualities must be welfare of the child.

25. In present case family of father is situated at Chandigarh

whereas mother is residing in district Una, which are at a distance of

about 120 kilometers from each other. However father is not serving at

Chandigarh, but somewhere else and as such present case is not

totally covered either by guidelines framed for parties either residing

within 200 driving kilometres or beyond 200 driving kilometers and,

therefore, by maintaining balance, best suitable visiting rights, keeping

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in view the welfare and interest of child and also convenience of

parties, are to be granted to non custodial parent (father) by

considering rival contention of parties with respect to terms and

conditions of visiting rights sought to be altered, modified or varied.

26. As stated in the Guidelines quoted supra, the Supreme

Court, in a case titled Anuj Chaturvedi vs. Jyoti, Special Leave

Petition (C) No(s) 6303/2017, decided on 4.1.2019 has also observed

that visiting rights are to be fixed in such a manner that child gets to

know and love his father. The order reads as under:-

“We are not inclined to interfere in the order granting custody of

the child to the mother. The special leave petition is dismissed

according.

However, we give liberty to the petitioner to approach

the Family Court for enactment of his visitation rights and we

direct the Family Court to ensure that visitation rights are fixed

in such a manner that the child gets to know and love his

father. A child has a right to the affection of both his parents

and the Family Court shall ensure that visitation rights are

granted in such a manner. The Family Court may also make

suitable arrangements for visitation/interim custody during

vacation periods. Obviously the Family Court has to keep the

interest of the child at the foremost.

Pending application(s), if any, stands disposed of.”

27. The Supreme Court, in another case titled Tanuj Dhawan

Vs. Court in its own Motion, Writ Petition (Civil) Diary No. 11058 of

2020 decided on 30.4.2020, has suggested that where because of

lockdown children are unable to interact with their parents, despite

existence of visiting rights for the said purpose, electronic contact,

instead of physical visits, can be substituted in such times. It has

further been observed that in absence of mutually acceptable

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arrangement in this behalf, aggrieved party can approach the family

Court.

28. Considering the entire facts and circumstances, Child

Access and Custody Guidelines and Parenting Plan, observations of

the Supreme Court and material placed before me, all these

applications along with Contempt Petition are disposed of in following

terms:-

(i) Rohit Kalia (father of minor child, noncustodial parent)

shall have visiting rights to meet minor child at Municipal Park, Una or

any other mutually agreed place on every second and fourth Saturday

at 2:30 P.M. and second and fourth Sunday at 11:00 A.M. for a

duration of 2½ hours, every month.

(ii) Rohit Kalia (father of child) shall also have overnight

weekend custodial visitation right w.e.f. 2:00 P.M. on fourth Saturday

till 4:00 P.M. of fourth Sunday of every alternative month, i.e. once in

two months. Frequency of weekend custodial/overnight visitation right

may be rescheduled in future by Family Court/District Court, depending

upon prevailing circumstances including age of the child.

(iii) Rohit Kalia and his parents, jointly or singly, shall have

right to exercise the right of visitation in aforesaid terms and out of total

duration of 2½ hours they shall have exclusive visitation right for one

hour in absence of and to the exclusion of mother as well as her

parents and all other relatives, during each weekend visitation, but, for

entire overnight weekend visitation.

(iv) Custody of child shall be handed over by mother Sangita

Sharma or her parents to father Rohit Kalia on the date and time fixed

aforesaid in presence of Coordinator of Mediation Center or Para Legal

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Volunteer, District Court Una, at Municipal Park, Una or any other

mutually acceptable place duly notified to the Coordinator/Para Legal

Volunteer well in advance at least 2 days before.

(v) On expiry of time of visitation period, father Rohit Kalia

shall ensure safe handing over of custody of child to his mother or her

parents, whosoever brings the child to the appointed location in the

same manner.

(vi) Mother of child (custodial parent) shall not conceal the

whereabouts of the child from father. Similarly father during overnight

visitation period shall not conceal whereabouts of the place where child

would be taken. Child shall be made available for telephonic

conversation by the parent in custody to other parent.

(vii) On change of place of residence, school, telephone

number, on which communication of non-custodial parent with the child

is being made, mother of the child shall notify the same to the father of

the child telephonically/ through message within 24 hours and in

writing within 72 hours of the change.

(viii) Father is also permitted to participate in Parents Teachers

meetings and mother of the child shall notify the date thereof

immediately after receiving information from the school in this regard,

so as to enable father to attend the Meeting, if possible to him.

(ix) Father shall be permitted to have telephonic

communication with the child at least on every Tuesday, Friday and

Sunday between 8:00 P.M. to 9:00 P.M. or any other time mutually

agreed between the parents, except the Sundays on which right of

visitation is exercised physically. In case child desires to have

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communication daily, then every day he shall be permitted to have

such communication with his father at least for 3 to 5 minutes.

(x) In case during period of lockdown, curfew or other similar

kind of restrictions imposed by the Government on account of

prevailing Covid-19 pandemic or otherwise for any other reason,

exercise of visitation rights is not possible physically then on the

appointed days i.e. Second and Fourth Saturdays and Sundays, father

shall have right to have telephonic communication for a longer period

not less than 20 minutes in lieu of physical/overnight weekend

visitation right. This communication shall be in addition to the routine

telephonic communication.

(xi) Parents, though separated, but have to communicate with

each other for welfare and development of balanced personality of

child and, therefore, Contempt Petition COPC No. 81 of 2019 is also

closed to maintain and continue peaceful and harmonious working

arrangement between them, without adjudicating it on merits.

(xii) In case exercise of visitation right is to be suspended or

cancelled on the appointed day, the n party seeking such

cancellation/suspension shall inform/notify other party about it at least

24 hours before it with reason for doing so and in case such

suspension or cancellation is at the behest of mother then such

visitation right shall be substituted for any subsequent Saturday and

Sunday. Any visitation, cancelled by non-custodial father, shall be

forfeited, unless parties agree to substitute such visitation. For

emergent reason surfacing within 24 hours before time of visitation

right, condition of informing before 24 hours shall not apply.

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(xiii) Wife (mother of the child) is directed to handover the

original Aadhar Card, date of birth certificate and other relevant

documents like bank passbook etc. to father of the child on a date(s)

fixed with consultation of concerned authority, enabling father to take

necessary steps for correction of name of child by updating it in Aadhar

Card, and also to hand over the custody of child to husband (father of

child) on date fixed for it, duly communicated to the mother at least two

days in advance, and if necessary on subsequent dates also, enabling

the father to take necessary steps for reflecting full name of child in

Aadhar Card as agreed and in terms of order passed by this Court.

Original relevant documents and child shall be handed over by mother

to the father and vice versa also in presence of Coordinator of

Mediation Center or Para Legal Volunteer in District Courts Una, like

earlier arrangement made at the time of handing over the child during

exercise of visitation right. For such arrangement parties are directed

to notify the date(s) to Coordinator of Mediation Center/Learned District

Judge well in advance at least 2 days before.

(xiv) Concerned competent authority/Incharge of Aadhar

Sampark Kendra (UIDAI) is directed to carry out necessary correction

in the name of child in Aadhar Card for reflecting it as ‘Yuvan Kalia

alias Aadvik Sharma’, as agreed by the parents of child in settlement

arrived at before the Court, which has also been accepted and ordered

by the Court. In case of any difficulty, parties, i.e. father and mother,

shall be at liberty to approach the Court again in this regard.

(xv) As agreed, in terms of settlement, for dissolution of

marriage of Rohit Kalia and Sangita Sharma, petition filed by the wife,

bearing HMA No. 166 of 2017, pending in the Court of District Judge,

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Una, Himachal Pradesh, shall be considered a petition for dissolution

of marriage with mutual consent and an appropriate decree is to be

passed accordingly. Jurisdiction to pass such decree is with District

Judge, Una. Therefore, record of HMA No. 166 of 2017 is ordered to

be sent back to the said Court for passing appropriate decree on the

basis of mutual consent for dissolution of marriage, on the date fixed

for presence of parties before learned District Judge, Una, as the

parties have already agreed for that.

(xvi) Parties are directed to appear in the Court of learned

District Judge, Una, either personally or through counsel, on 30

th

June,

2021, by putting physical or virtual appearance, as possible and

permissible on account of Pandemic Covid-19, for passing final

judgment and decree for dissolution of marriage on the basis of mutual

consent.

(xvii) Further, no fresh notice shall be issued by the learned

District Judge for presence of parties on failure to appear by either

party, but the petition shall be taken up and disposed of by the learned

District Judge, by passing appropriate order and decree for dissolution

of marriage on the basis of consent expressed by the parties before

learned Mediator as well as in their statements recorded on oath, in the

Court. Certified copies of statements as well as terms of settlement

have already been produced by the wife before learned District Judge,

which are lying in the record of HMA No. 166 of 2017.

(xviii) For violation of aforesaid directions, besides facing

proceedings for Contempt of Court, party in default may also lose

respective right over the custody or visitation right to the child, as the

case may be.

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High Court of H.P. Cr.M.P. No. 1183 of 2018 18

(xix). Remaining conditions of terms of settlement shall remain

as already agreed.

(xx) For any practical difficulty in complying with the aforesaid

directions parties are at liberty to approach the Family Court/District

Court, as the case may be.

29. Parties are also at liberty to approach the Family

Court/District Court, as the case may be, to alter, vary or modify the

aforesaid terms and conditions, mechanism and manner of exercise of

visitation right for plausible reasons existing on date and in such

eventuality without being influenced by the terms and conditions

settled by this Court, Family Court/District Court shall exercise its

jurisdiction to adjudicate the issue before it on its own merit under the

Guardians and Wards Act, 1890 or any other law dealing with issue

including visitation right but keeping in view the interest of the child at

the foremost.

The applications as well as Contempt Petition stand

disposed of in the aforesaid terms.

(Vivek Singh Thakur),

24

th

May, 2021 Judge.

(Keshav)

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