“Supreme Court Holds Respondent Guilty of Contempt for Defiance of Orders in International Child Custody Dispute”
Facts: In a significant judgment delivered on May 16, 2023, the Supreme Court of India found Naveen Sharma guilty of contempt in Contempt Petition (C) Nos. 340342 of 2022. The case involved an international child custody dispute, where the respondent, Naveen Sharma, failed to comply with the court’s orders to bring back a child to India. Despite repeated opportunities given to rectify his actions, the respondent showed no signs of remorse and exhibited scant respect for the court’s authority.
The respondent’s claim of acting in the best interests of the child was also examined, with the court observing that he had inappropriately discussed pending litigations with the child, attempting to prejudice the child’s mind against the petitioner.
Decision: In a stern response to the respondent’s contumacious conduct, the court handed down a landmark judgment. Justice Abhay S. Oka sentenced Naveen Sharma to six months of simple imprisonment and imposed a fine of Rs. 25 lakhs. The court further ordered that failure to pay the fine within the stipulated time would result in an additional two months of imprisonment. The fine amount is to be deposited with the court registry and utilized for the welfare and benefit of the minor child involved in the custody dispute.
The court also directed the Government of India and the Central Bureau of Investigation (CBI) to take all necessary and permissible steps to secure the contemnor’s presence in India for serving the sentence and paying the fine.
Date of Decision: May 16, 2023.
Meenal Bhargava vs Naveen Sharma & Ors.
