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Meenal Bhargava vs. Naveen Sharma & Ors.

Criminal Appeal · 2023 INSC 540Decided 16 May 2023
Criminal Appeal Nos. 1341-1343 of 2019
Sanjay Kishan Kaul · Abhay S. Oka

Background

In an earlier order dated 16 January 2023, the Supreme Court had already held the respondent (the child's father, referred to as "the contemnor") guilty of contempt for defying the Court's directions and an undertaking he had given to bring the couple's minor son back to India by 1 July 2022. Sentencing had been deferred to give him one last chance to comply and show remorse. Instead of doing so, he raised excuses before the Court, including proceedings in a Circuit Court in Cook County, Illinois (USA), where a Guardian ad Litem had been appointed and a forensic investigation into alleged abuse was said to be pending, to justify not returning the child, and he let the child's US passport lapse without renewing it.

Decision Breakdown

The Court found that the father never genuinely intended to bring the child back, had misrepresented his position on submitting to Indian court jurisdiction before the US court (causing that court to refuse a "mirroring order"), had improperly discussed pending litigation and property disputes with the child, and had tried to prevent the US proceedings from being used against him in India. Relying on its earlier ruling in In Re: Perry Kansagra and other precedents, the Court held that its contempt power under Article 129 of the Constitution is not limited by the Contempt of Courts Act, 1971. It sentenced the contemnor to six months' simple imprisonment and a fine of Rs. 25 lakh (with a further two months' imprisonment in default of payment), directed that the fine, once paid, be used solely for the child's welfare, and directed the Government of India and CBI to take all possible steps to secure his presence in India to serve the sentence and pay the fine.

Lesson Learnt

Undertakings given to the Supreme Court, especially in child-custody matters, are enforceable through the Court's constitutional contempt power, which is not limited by ordinary contempt law: deliberately defying such orders or misleading courts (in India or abroad) can result in imprisonment and substantial fines, not just adverse findings on the merits.

Official source (sci.gov.in)View Judgment (PDF)

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