High Court Karnataka High Court

Pankaj Jaswal vs Dr Jasmeet Sunil on 3 November, 2010

Karnataka High Court
Pankaj Jaswal vs Dr Jasmeet Sunil on 3 November, 2010
Author: J.S.Khehar(Cj) And A.S.Bopanna
contained in paragraph I thereof (executed between the

parties on 08.06.2009):

"However, the 15" petitioner shall have 
visiting rights with regard to the chil_d_,'~--cor1.cerned; ._ 
by prior information and rautuallgv ac'cepta'aol_e_ to
each other. Both the petitioners "upn':c1Aer.take.._that'
they have the paramount liiriterest with-.regarfd,to,_

welfare of the child is_concerried'.""

4. We have green. oi1--rlllthoughtful'consideration
to the sole contentionlllladffariqpéki.  arned counsel
for the compl'ain;an_t/   possible for us
to infer  passed by the II
Addl. :~Prli;    Bangalore, dated
08.05.2009, lnllemorandum of settlement,

dated_ 'vO8.()'6.2OOV9: lreleirant part whereof has been

'll"'vextralcted 11-ereinabove] that there has been a denial of

 yisitateioii._righ1;sj..by the accused--respondent in Violation

of Athe sam_ej,.~ which can tantamount to the commission

contempt, within the meaning of the provisions of the
A erlcontempt of Courts Act, 1971. A perusal of the extract

“of? the memorandum of settlement re–produced

hereinabove reveals, that visitation rights would depend

on mutually acceptable terms. It is not disputed, that

.disrr1iss’e.?,:i._

both the complainant/petitioner as also the

accused/respondent have since remarried [aflierhthey

divorced one another on 08.06.2009].
the complainant/petitioner s,«i»sitatiorr’mr’igi1ts.’_’_jé.oi1 it

29.07.2009, we are of {he tha.,t rrV’i.§i=£het_VV
accused/respondent has to’
exercise her discretionin rights.
and that the comp1ains:.;’t/ have to seek
the consent of before he can

claim the terms of the

memorérndurrr’.of 08.06. 2009.
For reasons hereinabove, We find no

mer1f’:i”n this petition send the same is accordingly hereby

Chéei E ‘&:1″§i€3@
Sd/rs
Iudge

hrp
Index: Y/N