The Madras High Court has imposed a fine of Rs 2,000 on a woman for not letting her estranged husband meet their child during weekends, despite its directive, and said the love and affection of father and mother was necessary for a child to grow up as a good human being.
Justice S Vaidyanathan made the observation when a contempt petition filed by the child's father Selvakumar from Nagapattinam district came up recently.
Based on the records available and the facts stated it is evident that the petitioner's wife has not complied with the court's earlier order, by not allowing him to spend time with the child during weekends, the court said and slapped a fine of Rs 2,000 on her payable on or before March 20.
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In case of default in depositing the fine, the woman would face one week simple imprisonment, it added.
The petitioner submitted that his marriage was solemnised on January 30, 2012 and the couple were blessed with a male child in December the same year.
However, due to some differences in opinion his wife left the marital home in 2015, without her child.
She then lodged a complaint with the police in Karaikal district alleging that her husband took away her child without her consent and had also hurt her.
Subsequently, she had moved the High Court seeking custody of her child.
A case was registered against Selvakumar, who challenged it in the High Court.
The court granted him anticipatory bail with a condition that he should handover the child within 48 hours to his wife in front of the Investigation officer.
As per the order, the petitioner handed over the child to his wife.
On October 17, 2015, when he went to meet the child, the mother denied permission for the same, following which the petitioner appraised police of the matter.
As there was no response, Selvakumar filed the contempt petition.
When the matter came up, the Judge asked the woman why she refused to obey the Courts order, to which she replied that the child was of tender age and psychologically affected.
Hence, she was unable to part with the child even temporarily.
She tendered an apology to the court and said she had never committed willful contempt of the order.
The court advised her to allow the child to spend time with the father and made it clear that the observations will not have any bearing in any of the family court matters pertaining to the dispute between the couple.
"If a child has to grow up as a good human being, the love and affection of its father and mother are necessary," it observed.
"In the case on hand, the mother of the child is quite adamant in sending the child with his father. Even assuming that the mother has poisoned the child's mind not to even look at him, certainly, such attitude of the mother is not going to help her," the court noted.
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