- 1 - HC-KAR NC: 2025:KHC:50284-DB CCC No. 568 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO.568 OF 2025 BETWEEN: MR. APARMAYA SHUKLA AGED 44 YEARS S/O. SUSHIL KUMAR SHUKLA RESIDING AT 5-B, KASTURABANAGARA NEAR TUBEWELL SIGRA, CHITTUPUR MAHOOR GANJ, VARANSI UTTAR PRADESH - 221 010 ALSO AT FLAT E-5, 903 SNN RAJ GREENBAY APARTMENTS ELECTRONIC CITY PHASE-2 KARNATAKA, BENGALURU - 560 100 PRESENTLY AT NO.D -605, SALARPURIA SYMPHONY APARTMENT PRAGATHI NAGAR, BASAPURA ELECTRONIC CITY BENGALURU - 560 100 …COMPLAINANT (BY SRI RAVISHANKAR A., ADVOCATE) AND: MRS. GARIMA MISHRA AGED 43 YEARS Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50284-DB CCC No. 568 of 2025 W/O. APARMYA SHUKLA CURRENTLY RESIDING AT FLAT E-5, 903 SNN RAJ GREENBAY APARTMENTS ELECTRONIC CITY PHASE -2, KARNATAKA BENGALURU - 560 100 …ACCUSED (BY SRI OMRAN KHAN, ADVOCATE) THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT 1971, BY THE COMPLAINANT, PRAYING TO CALL FOR RELEVANT RECORDS, INITIATE PROCEEDINGS AGAINST THE ACCUSED AND PUNISH HER FOR DELIBERATE DISOBEDIENCE OF THE ORDER PASSED BY THIS HON'BLE COURT PASSED IN W.P. NO.3104/2023 (GM-FC) C/W W.P. NO.21797/2023 (GM-FC) DATED 21.04.2025. THIS CIVIL CONTEMPT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The complainant has filed the present complaint alleging willful disobedience of the order dated 21.04.2025 passed by the learned Single Judge of this Court in Writ Petition No.3104/2023 (GM-FC). The operative part of the said order reads as under: - 3 - HC-KAR NC: 2025:KHC:50284-DB CCC No. 568 of 2025 i. During summer holidays 2025, on three days in a week i.e., on Friday, Saturday and Sunday the father can pick up the child from the mother’s place, take the child to his house and spend time four hours a day for three days in a week. ii. After the therapy sessions, the father can take the child to his place from the mothers place. With regard timings of the therapy sessions, the mother shall inform the father in advance. iii. If the mother is out of station for any reason visitation for those days can be compensated in the next week and the father should be intimated in advance. 2. The complainant alleges that he was not allowed to visit the child for three days in a week during the summer vacations. There are allegations made in this regard and the counter allegations made by the accused. 3. Learned counsel for the complainant fairly states that given the nature of dispute, he does not wish to agitate these allegations. However, he emphasizes that the complainant must get the visitation rights in true spirit of the order passed by this Court. 4. He submits that after the summer vacations, the complainant is enjoying the visitation rights on every Saturday and the same - 4 - HC-KAR NC: 2025:KHC:50284-DB CCC No. 568 of 2025 should continue. He also submits that on some Saturdays the accused (mother) goes out of station and therefore, the complainant is deprived of the visitation rights. 5. Insofar as the accused leaving the station is concerned, it is directed that, if for any reason, the mother is out of station, the visitation should be compensated for those days in the next week and the complainant should be intimated in advance. It is needless to say that this discipline should be strictly followed. 6. Learned counsel for the complainant has also referred to an order dated 21.01.2023 passed by the learned Additional District and Sessions Judge, Bengaluru, whereby the complainant was granted interim custody of the child on every Saturday from 12.00 noon to 02.00 p.m., and for four hours on festival days i.e., on Dasara, Diwali, Christmans, Ugadi, Holi, Gauri and Ganesh Chathurthi and for four hours on the birthday of the child i.e., on 28th September. The complainant submits that the said order also has not been complied with. 7. However, considering that the order dated 21.01.2023 is subject matter of challenge in W.P.No.3104/2023 and orders have - 5 - HC-KAR NC: 2025:KHC:50284-DB CCC No. 568 of 2025 been passed regarding the visitation rights, we are of the view that the said orders need to be complied with and it would not be apposite to proceed against the accused for willful disobedience of the orders dated 21.01.2023. This is of course subject to any further orders that the Court may pass in W.P.No.3104/2023. 8. Learned counsel for the complainant submits that for the welfare of the child, it would be necessary to put in place some specific structure, whereby he can take the child to a well known hospitals for consulting with renowned doctors. He also submits that the complainant need not be confined to the limited hours of visitation in order to enable him to take the child to the hospital. 9. We, prima facie, find merit in the said contention. However, given the limited scope of the present proceedings, we leave it open for the complainant to advance such submissions in the pending writ petition. 10. Insofar as the present complaint is concerned, we do not consider it apposite to proceed further with the same, as admittedly the complainant is being granted visitation rights on Saturdays. However, the accused shall make sure that, in the event, the - 6 - HC-KAR NC: 2025:KHC:50284-DB CCC No. 568 of 2025 accused travels out of station during the days on which the complainant has visitation rights, the complainant would be duly compensated in the following week without further delay. We also grant liberty to the complainant to revive the present complaint, if the aforesaid directions are not complied with. 11. The complaint is closed with the aforesaid observations. 12. Pending IAs., if any, stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 26