- 1 - HC-KAR NC: 2025:KHC:19447-DB CCC No. 514 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR V KAMESWAR RAO ACTING CHIEF JUSTICE AND THE HON'BLE MR JUSTICE C M JOSHI CIVIL CONTEMPT PETITION NO. 514 OF 2025 BETWEEN: MR. VIVEK S.P, AGED ABOUT 41 YEARS, S/O LATE R SREEKUMAR, R/AT NO. 162/1/1, ANUGRAHA, 3RD CROSS, RAJMAHAL EXTENSION, SADASIVANAGAR, BANGALORE - 560 080. …COMPLAINANT (BY MS. DEEPA.J, ADVOCATE) AND: SMT. MEGHANA PRAKASH, AGED ABOUT 34 YEARS, W/O VIVEK S P, R/AT NO. 402, VISTA AZALEA-2, 9TH MAIN ROAD, SADASIVANAGAR, BANGALORE-560 080. …ACCUSED (BY SRI ARJUN P R, ADVOCATE) THIS CCC IS FILED UNDER SECTION 2(b), 10 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE APPROPRIATE PROCEEDING INCLUDING PROCEEDINGS FOR CONTEMPT OF COURT AGAINST THE ACCUSED HEREIN FOR WILFUL, DELIBERATE, WANTON DISOBEDIENCE AND NON- COMPLIANCE OF THE MEMORANDUM OF SETTLEMENT DATED Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19447-DB CCC No. 514 of 2025 04.02.2025, ENTERED BETWEEN THE PARTIES BEFORE THE KARNATAKA MEDIATION CENTRE(ANNEXURE-B) AND THE DISPOSAL ORDER PASSED BY THE II ADDITIONAL FAMILY JUDGE ON 04.02.2025 IN G AND WC 178/2024 (ANNEXURE-A) BY THIS HONBLE COURT AND PUNISH HER IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE and HON'BLE MR JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE) This contempt has been filed alleging non-compliance of the order dated 04.02.2025, whereby the memorandum of settlement executed between the parties on 04.02.2025, was directed to be form part of the order. 2. Learned counsel for the complainant/petitioner has drawn our attention to the memorandum of settlement, more specifically, Clauses 3, 4 and 5 thereof which reads as under: "3. Both the parties state that they have a son by name Master Abhimanyu Vivek, born on 24.04.2017 aged about 7 years 10 months. It is agreed between the parties that the petitioner/father shall be the sole and permanent custodian and - 3 - HC-KAR NC: 2025:KHC:19447-DB CCC No. 514 of 2025 guardian for the minor son in future for which the respondent/mother has no objection. 4. It is agreed between the parties that the petitioner/father undertakes to bear entire expenses such as maintenance, education, medical and all other upbringing expenses of the minor son Master Abhimanyu Vivek in future. 5. The respondent/mother is entitled to visit the minor son on 2nd and 4th weekends of every month, further the petitioner/father has agreed to drop the minor son to her residence as shown in the petition at 10 a.m. on every 2nd and 4th Saturday and pick up the minor son on the next day i.e. Sunday at 7:00 PM." 3. She submits that the accused/respondent herein has not handed over the child, despite the settlement as agreed between the parties. 4. The submission is contested by the learned counsel for the accused/respondent by stating that the accused/respondent has been calling upon the complainant/petitioner to take the child in terms of the settlement. 5. Today learned counsel for the accused/respondent on instructions from the accused/respondent states that the petitioner is at liberty to take the child in terms of Clause 3 - 4 - HC-KAR NC: 2025:KHC:19447-DB CCC No. 514 of 2025 which we have reproduced above. On this, learned counsel for the petitioner states that the petitioner shall visit the house of the respondent today at 5.00 P.M. to take the child in terms of Clause 3. 6. The statements are taken on record. 7. Learned counsel for the parties says in view of the order, petition be disposed of. 8. Ordered accordingly. Sd/- (V KAMESWAR RAO) ACTING CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 56