[Order of the Court was made by T.S.SIVAGNANAM, J.] This Contempt petition has been filed alleging the willful dis- obedience of the order and direction passed by the Family Court, Madurai in G.W.O.P. No.39 of 2015, dated 26.04.2016.
2.Heard Mr.T.R.Jeyapalam, learned counsel appearing for the petitioner and Ms.A.Haziza, learned counsel appearing for the respondent.
3.The said order grants certain rights to the petitioner husband, simultaneously, certain very pious obligation as a father of the minor children. We directed the parties to be present, namely, the petitioner husband and respondent wife before us and we have spoken to them. The petitioner husband is very clear about what is the effect of the order passed by the Family Court. He would say that he has been paying the amount awarded by the Lower Court without any default and there is no arrears. We also came to know that the quantum of amount awarded is only Rs.5,000/-. The Family Court has directed the petitioner husband to bear all the Educational expenses of the minor children, but, for the past eleven years no contribution has been made in this regard.
4.The respondent wife appeared before us and submitted that she is ready and willing to bring the children, any time before the Court and since, the schools have re-opened for the academic year, she could not bring them. Further, in our order dated 02.06.2017, we made it clear that the parties alone shall appear before the Court without their family members and without their children.
5.Considering the fact that the petitioner has not complied with the obligations, which have been cast upon him pursuant to the Family Court order, we are of the considered view that the contempt against the respondent wife with regard to the alleged non providing of visitation rights cannot be sustained. The respondent wife submitted that the children are not willing to see the petitioner, even though, such an attempt was made by the Family Court Judge, during the pendency of the proceedings.
6.We are also prima facie not convinced about the bonafide of the petitioner, more so, when the petitioner is a pawn broker and engaged in financial business, he could hardly suffer any financial difficulties in complying with the conditions imposed by the Court in paying the educational expenses of the minor children. The order passed by the Family Court having become final, the petitioner ought to have complied with the directions of the Family Court, which he is bound to comply.
7.Hence, the contempt petition is dismissed.
To The Family Court, Madurai..