KSHITIJ JAWAHARLAL SHAH Vs. ZARA SHAH

JUDGEMENT

(1.) This contempt proceeding has been initiated for alleged violation of the order dtd. 12/6/2020 passed in Special Civil Application No.5065 of 2019.

(2.) We have heard Ms. Srushti A. Thula, learned counsel appearing for the applicant and Mr. Abhisst K. Thaker, learned counsel appearing for the sole respondent. Perused the records.

(3.) The marriage between petitioner and the respondent came to be solemnised on 21/1/2011 as per the Hindu rites and by said wedlock the respondent delivered a baby girl on 3/9/2012. On account of certain disputes having arisen between them, it resulted in both of them residing separately and for the custody of the minor child, an application was filed by the petitioner in Civil Misc. Application No.67 of 2016. During the pendency of the said proceeding, a compromise petition under Order 23 Rule 3 of the Code of Civil Procedure came to be filed on 12/1/2017 by virtue of settlement arrived at between them. As per the terms of the compromise, the Civil Misc. Application came to be disposed of by recording the said compromise. The gist of the compromise was that father would pick up the child directly from school at 1.00 a.m and would keep the child till 8.00 p.m. on every Tuesday and Friday and from 10.00 a.m. to 7.00 p.m. during vacation; the visitation rights would increase once the child attains 5 years; in the event of Tuesday or Friday falling on a holiday, both agreed to adjust the days so that the quantum of child's right viz. love and affection to be showered by the father would not get compromised; and to ensure that there is a bonding of the child with all the members of the family.