VidhiSangh

Supreme Court of India · 09/05/2018

MEENAL BHARGAVA versus NAVEEN SHARMA

[2018] 4 S.C.R. 521 · 2018 INSC 467

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Summary

The Supreme Court set aside a wife’s contempt punishment for alleged breach of a matrimonial settlement because the High Court had not examined her defence that the husband had failed to perform his reciprocal obligations. Refusal to resume cohabitation during the contempt hearing did not justify imprisonment to compel reunion. The husband could pursue contempt subject to proper findings. His habeas corpus petition was revived for a decision on child custody, replacing the direction to execute the Canadian custody order; custody merits remained open.

Issues

  1. Whether contempt punishment could rest on refusal to resume cohabitation without deciding the alleged breach and reciprocal obligations.
  2. Whether the underlying child-custody dispute should be decided in the revived habeas corpus proceedings.

Held

Result

Wife’s appeal allowed and contempt punishment set aside, with liberty to the husband to pursue contempt on the stated terms. Husband’s appeal partly allowed; habeas corpus petition revived for decision on custody. No order as to costs.

Judgment PDF: Supreme Court of India, [2018] 4 S.C.R. 521.