- (1.) It is very unfortunate that the child was made a pawn in the hands of the parents. The contemnor has created obstruction in working out the interim arrangements made with regard to the custody of the child otherwise there should have been no necessity to file this contempt application. The main custody matter is pending in the Civil Court. Although the Officer-in-Charge, Kasba police Station was directed to produce the child before this Court from the custody of the mother, however, the child has been produced by the respondent in Court. The contemnor in spite of giving an undertaking and assurance through her counsel to hand over the child to the father deliberately avoided in handing over the child to petitioner. Without entering into the gravity of offence committed by the respondent in not complying with the order and in acting contrary to the undertaking given to this Court, since the child has been handed over to the father in Court in terms of the order dated 19th August 2016, the application is disposed of by recording compliance of the order dated 19th August, 2016 although, belatedly. This court is not passing any harsh order against the contemnor. Keeping in view the welfare of the child and impressing upon the parents to focus more on the needs and interest of their child, no harsh order is passed against the contemnor. A child is the worst sufferer of a broken marriage. The grim face of the child produced in court shows his unhappiness. This court hope and trust that the parents consider the view of the child, his wishes and feelings and act in a more responsible manner. A child would require the father as much as his mother.
(2.) The child is having a good academic record. This court expects the trial court in considering the custody matter to take into consideration the aforesaid aspect and dispose of the custody matter finally keeping in view the welfare of the child. In view of the compliance of this order the rule stands discharged. The contemnor is warned that in future she should be more diligent in obeying courts direction. Pursuant to the earlier order the Officer-in-charge of the Kasba Police Station is present in court. Report submitted by the Deputy Sheriff of Calcutta dated 9.9.2016 is kept with the record.
(3.) It is recorded that the custody of the child has been handed over to the father in court. Under such circumstances application being CPAN 1203 of 2016 stands disposed of.;