Merjina v. Sofat Ali

eby the petition was disposed of. The f. The order dated 13.11.2024 is reproduced duced as below :- <The present pet petition has been filed by the petitioner by way of iss f issuance of writ in the nature of Habeas Corpus seek seeking release of her daughter namely Aisha, who is is stated to be in the illegal custody of respondent N ent No.5 (husband).

2. Respondent No.5 o.5 made statement that on the last date of hearing ing matter was referred for Mediation, wherein th n the matter has been settled and concerned Settleme tlement Deed dated 07.11.2024 is executed between the the parties. It is further stated VIJAY ASIJA 2026.02.19 09.19 I attest to the accuracy and integrity of this document COCP-1692-2025 (O & M) 2 terms and and conditions recorded aforesaid settlement nt deed are acceptable respondent No.5 and t nd that the present petition be disposed of in light of th of the aforesaid settlement.

3. The petitioner, w er, who has also appeared in person alongwith her c er counsel submits that she is willing to get the custo custody of her minor daughter, who is aged about 13 y 13 years and is presently living with her husband i.e. re e. respondent No.5.

4. It appears that that during mediation, it was settled between the pa e parties that both the parties will meet on second Sat Saturday and fourth Sunday of each month at a comm common place alongwith their children.

5. The petitioner is er is claiming custody of her minor daughter, aged ged about 12/13 years, who is studying in 8 class in Government Senior Secondary School, in th in the area of Chandigarh.

6. From the perusa rusal of the aforesaid facts and circumstances of the ca e case, this Court is of the view that petitioner has prim prima facie failed to establish that her minor daughter ghter aged about 12/13 years is illegal custody o y of any person including respondent No.5. In cas case the petitioner is claiming custody of said minor c or child being her mother, then she is at liberty to avai avail the efficacious remedy as is available under the la he law.

7. In light of the ab e above, the present petition is hereby disposed of in f in aforesaid terms. However, the parties are to rema emain bound by the settlement dated 07.11.2024, whic which was effected between the parties during the media ediation proceedings. The said settlement deed is direc irected to be taken on record of this petition.= VIJAY ASIJA 2026.02.19 09.19 I attest to the accuracy and integrity of this document COCP-1692-2025 (O & M) 3 Vide order dated 20.5.2025, .2025, notice of motion in the present con nt contempt petition was issued for 27 for 27.8.2025. In the order dated

27.08.2025

8.2025, it has been recorded that notic notices to the respondents could not be issue e issued for want of process fee. On th . On that date, learned counsel for the petition etitioner expressed regret for the laps he lapse and undertook to do the needful wi ful within a period of two weeks. C ks. Considering the undertaking and in the in the interest of justice, time was gra as granted and the Registry was directed to ted to issue notices to the respondent ndents on the petitioner9s taking necessary s sary steps, for the date fixed i.e. 17.02 . 17.02.2026. Perusal of the latest office office report dated 03.02.2026 reveals tha als that despite the aforesaid undertak dertaking and grant of sufficient time, learn , learned counsel for the petitioner fa ner failed to deposit the process fee and, co nd, consequently, notices to the respo e respondents again could not be issued. Today, learned counsel for l for the petitioner has again sought time ht time to deposit the process fee. This Court has given thoug thoughtful consideration to the request ma est made. The record clearly reflects th lects that adequate and reasonable opportunity rtunity was already granted to the p the petitioner to take necessary steps for se for service of the respondents. The un The undertaking given before this Court has n t has not been honoured. The petitione titioner has shown complete lack of diligenc iligence in prosecuting the present co ent contempt petition. It is well d settled that contempt jurisdiction, b on, being discretionary and extraordina ordinary in nature, cannot be permitt ermitted to be invoked and kept VIJAY ASIJA 2026.02.19 09.19 I attest to the accuracy and integrity of this document COCP-1692-2025 (O & M) 4 pending at ing at the convenience of a litigant tigant who fails to comply with basic proce procedural requirements. Repeated failure to deposit eposit the process fee, despite specific op ific opportunity and undertaking, sh ng, shows casual and negligent approach o oach on the part of the petitioner. Gra er. Granting further time in such circumstan mstances would amount to granting p nting premium to negligence and would unne d unnecessarily burden the judicial do ial docket. In view of the above, no gro no ground is made out to grant further time er time to the petitioner. Accordingly, the present cont t contempt petition is dismissed for non-pr prosecution. However, it is clarified that at dismissal of the present contempt petition shall not preclude the p the petitioner from availing any other remed r remedy available to him in accordanc ordance with law, if so advised. uary 17, 2026 February Vijay Asija Whether spea Whether Repo r speaking/reasoned Yes / No r Reportable Yes / No ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.02.19 09.19 I attest to the accuracy and integrity of this document