Hitendra Singh vs Abhilasha Singh
- Court
- Delhi High Court
$~98
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 11.05.2026
CONT.CAS(C) 1146/2025 and CM APPL.24666/2026
+
HITENDRA SINGH .....Petitioner
Through: Ms. Jyoti Sharma and Mr. Rishabh
Jain, Advs.
versus
ABHILASHA SINGH .....Respondent
Through: Ms. Akshita Pandey, Adv. along with
respondent in person.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
SACHIN DATTA, J. (ORAL)
1. Vide order dated 20.02.2026 passed in the present proceedings, it was
directed as under:
“1. Vide order dated 12.11.2025 passed in the present proceedings it was,
inter alia, recorded as under:
“5. Today, two minor children have been brought and this Court has
interacted with them in the Chamber.
6. The older son is studying in Class V and the younger son is studying in
Class I.
7. The children were comfortable being with the father. They expressed
their feelings that both the parents should be together but at the same
time they were not averse to be with the father-petitioner all by
themselves.
8. Respondent, on the other hand, insists that it will be in the interest of
the children that she will be present at the time of the visitation with the
husband.
9. In the considered opinion of this Court, the direction passed by the
learned Division Bench vide order dated 18.02.2025 was clear that the
appellant, i.e., respondent herein, will drop the minor children at the
official accommodation of the respondent, i.e., the petitioner herein, at
11:00 AM on every alternate Sunday, i.e., 1st and 3rd Sunday of the
month, whereafter the respondent, i.e., the petitioner herein, will drop
back the children to the resident of the appellant, i.e., the respondent
herein, at 04:30 PM on the same day.
Signature Not Verified
CONT.CAS(C) 1146/2025 Page 1 of 7
Digitally Signed
By:UMANG
Signing Date:12.05.2026
18:40:35
10. Clearly, in no uncertain terms, perusal of the order dated 18.02.2025
passed by learned Division Bench indicates that at the time of visitation
the children would be with the petitioner all by themselves without the
presence of the respondent.
11. It is further pointed out that the next date for visitation is scheduled
for 16.11.2025.
12. It is agreed with the consent of the petitioner that only for the
purpose of visitation on 16.11.2025, he will pick up the children from the
residence of the respondent at 11:00 AM and will drop the children back
at the residence of the respondent at 02:00 AM.
13. It is made clear that the respondent shall not accompany the
petitioner and the children on 16.11.2025.
14. List for further hearing on 19.11.2025 at 04:30 PM.
15. The respondent shall bring both the children on the next date of
hearing for further interaction.”
2. It is alleged by the learned counsel for the petitioner that despite the
categorical and unmistakeable terms of the directions contained in aforesaid
order, the same are not being complied with by the respondent, inasmuch as the
respondent continues to remain present at the time of visitation afforded to the
petitioner.
3. The respondent, who is present in person, expresses apprehension about the
availability of the adequate medical facilities that may arise during the visitation
on account of medical condition of the younger son of the parties.
4. The petitioner, who has joined the proceedings virtually, assures and
undertakes that appropriate arrangements shall be made to ensure that the
adequate medical facilities are available in the event of need for the same during
the visitation.
5. He also submits that he is an Army Personnel and in the vicinity of his
residence, there are ample doctors residing and medical facilities are also
available.
6. In the circumstances, the respondent is cautioned against disregarding the
directions contained in the order dated 12.11.2025. In terms thereof, for the
purpose of visitation, the child would remain present with the petitioner without
presence of the respondent. It is made clear that any infringement or violation of
the aforesaid directions shall be considered as wilful and egregious contempt of
the orders passed by this Court, entailing severe actions.
7. List for further consideration on 30.07.2026. ”
2. On account of the aforesaid directions not being adhered to by the
respondent, an application [CM-24666/2026] came to be filed by the
petitioner in the present petition. The contents of the said application bring
out a disconcerting pattern of non-adherence to the directions passed by this
Signature Not Verified
CONT.CAS(C) 1146/2025 Page 2 of 7
Digitally Signed
By:UMANG
Signing Date:12.05.2026
18:40:35
Court by the respondent. However, this Court gave benefit of doubt to the
respondent and on 04.05.2026 issued directions for facilitating visitation
between the petitioner (father) and children at the Delhi High Court
Mediation and Conciliation Centre (DHCMCC). The order dated 04.05.2026
passed in the present proceedings reads as under:-
“
1. By way of the present application, it has been brought out that the respondent
(mother) is in persistent and continuous disobedience of the orders passed by
this Court. It is noticed that even the directions contained in the order dated
12.11.2025 and 20.02.2026 passed in the present proceedings have not been
complied with since visitation between the petitioner (father) and his children,
was not afforded in terms thereof.
CM APPL.24666/26 (for apprising the Court about continuous contempt)
2. The respondent insists that the children themselves are not desirous of
interacting with the petitioner (father). To allay this apprehension, with the
consent of the parties, following directions are issued:
(i) A visitation between the petitioner-father and children shall take
place on 08.05.2026 at the Delhi High Court Mediation and Conciliation
Centre from 04:00 PM to 06:30 PM.
(ii) The aforesaid visitation on 08.05.2026 shall take place in the
presence of a child counsellor. The respondent shall not remain present
at the time of the aforesaid visitation between the children and the
petitioner. Since the birthday of one of the children happens to be on the
said date, the petitioner shall be entitled to celebrate the same during the
said visitation.
(iii) The child counsellor is directed to observe the aforesaid visitation
and furnish a report, inter alia, as to comfort level between the petitioner
(father) and the children during the visitation. The report prepared by
the child counsellor shall be placed on record in a sealed cover in the
present proceedings, before the next date of hearing.
(iii) It is agreed that if the report of the child counsellor records that
there is no difficulty in interaction between the petitioner (father) and the
children, future visitation/s shall take place as contemplated in the
order/s dated 12.11.2025 and 20.02.2026 passed in these proceedings.
3. List for further consideration on 11.05.2026 in the category of
“ Supplementary Matters ”.
4. Order dasti. ”
3. Thereafter, an application [CM-30851/2026] seeking modification of
Signature Not Verified
CONT.CAS(C) 1146/2025 Page 3 of 7
Digitally Signed
By:UMANG
Signing Date:12.05.2026
18:40:35
the aforesaid order dated 04.05.2026 was filed by the respondent in the
present petition. Vide order dated 07.05.2026, the said application came to
be dismissed by observing as under: -
“ CM APPL.30851/2026 (filed on behalf of respondent for modification of
order dated 04.05.2026)
1. The present application has been filed by the respondent seeking the following
prayers:-
2. The directions contained in the order dated 04.05.2026 mandating visitation
in the Delhi High Court Mediation and Conciliation Centre in the presence of a
child counsellor were passed with a view to ensure that the interests of the
children are protected.
3. Given the background, it was deemed necessary that the visitation should take
place in the presence of a child counsellor and appropriate directions for that
purpose were issued. No ground is made out for modification thereof. Also, the
fact that birthday of one of the children is on 08.05.2026 does not constitute a
ground to modify the order. Rather, the order dated 04.05.2026 was passed
keeping this aspect in mind.
4. In the circumstances, no merit is found in the present application, the same is
consequently dismissed.
5. It is made clear that if there is any non-compliance on the part of the
respondent with the directions contained in the order dated 04.05.2026, this
Court shall take appropriate action against the respondent for committing wilful
disobedience of the orders passed by this Court. ”
4. When the matter came up for hearing on 07.05.2026, no difficulty
with regard to the health of either of the children was expressed as the
ostensible basis for not holding the visitation on 08.05.2026. However,
unfortunately, it is brought to the notice of this Court that, once again, the
Signature Not Verified
CONT.CAS(C) 1146/2025 Page 4 of 7
Digitally Signed
By:UMANG
Signing Date:12.05.2026
18:40:35
respondent has not adhered with the directions contained in the orders dated
04.05.2026 and 07.05.2026 passed in the present proceedings inasmuch
visitation was not afforded by the respondent on 08.05.2026.
5. The report of the child counsellor which has been received in the
Court also records that both the child counsellor and the petitioner kept
waiting in the DHCMCC till 06.15 PM on 08.05.2026. The respondent did
not even adhere to the courtesy of informing the DHCMCC that she would
not be bringing the children for visitation.
6. Today, the ostensible reasons cited by the respondent for not
affording visitation on 08.05.2026, is that there was some medical
circumstances with regard to one of the children. In support thereof, a
medical prescription issued by the Base Hospital, Delhi Cantonment has
been sought to be relied upon. The same is as under:
Signature Not Verified
CONT.CAS(C) 1146/2025 Page 5 of 7
Digitally Signed
By:UMANG
Signing Date:12.05.2026
18:40:35
7. A perusal of the same indicates that said prescription has been given
in the context of a pre-existing dermatological issue. The prescription itself
Signature Not Verified
CONT.CAS(C) 1146/2025 Page 6 of 7
Digitally Signed
By:UMANG
Signing Date:12.05.2026
18:40:35
records that there has been atleast five previous visits with regard to the said
dermatological issue. Clearly, it is apparent that the visit to the doctor was a
routine one and was in pursuance to previous visits as recorded in the
prescription itself. The same was not in the nature of an emergent
circumstance so as to justify non-compliance with the orders passed by this
Court.
8. As noted, even when the matter came up for hearing on 07.05.2026,
on the modification application filed by the respondent, no inkling was
given by the respondent as to any difficulty in producing the children in the
DHCMCC. Further, there is no rationale / explanation for not informing the
petitioner nor the DHCMCC that the respondent would not be bringing the
children for visitation.
9. From the entire facts and circumstances and considering the conduct
of the respondent ever since the outset, it is evident that the respondent has
displayed utter and wilful disobedience of the orders passed by this Court.
Accordingly, the respondent is held guilty of ‘contempt’ as defined under
Section 2(b) read with Section 12 of the Contempt of Courts Act, 1971.
10. List for orders / arguments on sentencing on 18.05.2026 in the
category of ‘ supplementary matters ’.
11. In the meantime, for purpose of giving an opportunity to the
respondent to purge her conduct, a visitation between the petitioner and the
children, (on the same terms as set out in order dated 04.05.2026 passed in
the present proceedings) shall take place on 16.05.2026 from 02.00 PM to
04.30 PM. The respondent is expected to cooperate and facilitate the same.
MAY 11, 2026/ cl SACHIN DATTA, J
Signature Not Verified
CONT.CAS(C) 1146/2025 Page 7 of 7
Digitally Signed
By:UMANG
Signing Date:12.05.2026
18:40:35