Delhi HC discharges man in contempt case over conduct in custody case

New Delhi, Sep 20 (PTI) The Delhi High Court has discharged a man in a contempt case lodged against him for using abusive language in a family court proceedings over the custody of his son but asked him to pay Rs 25,000 to the Delhi High Court Legal Services Committee.

A bench headed by Justice Prathiba M Singh asserted that while there can be no doubt that a litigant cannot be allowed to indulge in contemptuous conduct, the court can be empathetic when the contemnor has expressed remorse and admitted that he misbehaved in a moment of anger and frustration.

“A perusal of the affidavit filed shows that the said conduct occurred at a time when the son of the contemnor was being separated from him. Such moments could be traumatic and emotional moments for a father that it is believable that he may have lost control and misbehaved,” the bench, also comprising Justice Amit Sharma, said.

“Having regard to the fact that the conduct of the contemnor though completely unbecoming, appears to have taken place in a circumstance of frustration and in the midst of a matrimonial spat with his wife where his son’s custody was also involved, this court is of the opinion that the contemnor may not have had any intention to show disrespect to the court,” stated the court.

The man and his wife were fighting a legal battle for the custody of their son and during a hearing held in April, he “got aggressive” and used “unparliamentary language” after his plea for permanent custody was rejected by the family court.

The family court referred the matter to the high court and said the use of abusive words in the midst of the proceedings, when the advocates, staff, as well as litigants, were present, was directed towards it, which undermined the authority, dignity and respect of a Court of Law.

In its order, the family court observed that such actions are discussed amongst lawyers, litigants and staff, which leads to ridicule and embarrassment for the judicial officer, and found the man to be guilty of criminal contempt.

Discharging the contemnor, the high court however said he “clearly did not intend to cause disrespect or impede the administration of justice” and the power of contempt, specifically criminal contempt, ought to be exercised sparingly.

“Keeping in mind the overall facts and circumstances, this court accepts the apology of the Contemnor subject to the condition that the contemnor shall deposit a sum of Rs 25,000 to the Delhi High Court Legal Services Committee, within one week. Subject to the above condition, the apology is accepted and the Contemnor is discharged,” the court ordered.

“The power of contempt, specifically criminal contempt, ought to be exercised sparingly as the court is not personally involved in such matters and can be compassionate and empathetic to such circumstances, especially when the contemnor is expressing remorse,” it said.