Father Fails To Produce Minor Son Before Mediation Centre Despite Explicit Direction; Delhi High Court Questions His Right To Interim Custody

The Delhi High Court has questioned the right of a father to interim custody of his child after he failed to produce his minor son before a mediation centre for a physical meeting with the child's mother, despite Court's directions. The Court also opined that a contempt can be issued against the father for such defiant conduct.

The Court was dealing with a plea concerning physical interactions between the child and the mother. It was directed that a physical meeting be held in presence of the Counsellor/Child Specialist at the Delhi High Court Mediation & Conciliation Centre on 31st July, 2021. 

However, the father failed to produce his child on the ground that physical meeting was not directed and only virtual interaction was directed.

"Nothing could be further from the truth. The aforesaid order has been misconstrued by the applicant/respondent," Justice Najmi Waziri observed.

It was argued by the mother that despite Court orders, the father did not produce the child, thereby depriving the minor son of his right to unrestrained love and affection from his mother and vice-a-versa.

On the other hand, the father sought modification of the order on the ground of COVID situation.

During the course of hearing, the Court was informed that SOPs regarding protection from COVID are maintained at the Mediation Centre which in the given circumstances is the best place to conduct the meeting.

"The applicant/respondent is in clear breach of this Court's directions," the Court observed. 

"Since the applicant did not produce the child at the Mediation Centre in terms of the aforesaid directions, his right to have the interimcustody of the child (minor son) is questionable and the Court is of the view that notice of contempt could well be issued against the applicant," it said further.

However, in order to observe the father's conduct on the next meeting, the Court refrained from passing any orders at the present stage.

Dismissing the application for modification, the Court re-notified the matter for further hearing on September 16.

Title: GEETA VOHRA v. NITIN CHOPRA

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