J&K: What Led The High Court To Impose Rs 100 Fine On This Srinagar Woman

A bench, comprising Justice Sanjay Dhar and Justice MA Chowdhary imposed a fine of Rs 100 on a woman from Srinagar for contempt of court. The court found that the respondent had willfully violated the undertaking, obstructing the course of justice.

Srinagar (Jammu and Kashmir): The High Court of Jammu and Kashmir and Ladakh has imposed a fine of Rs 100 on a Srinagar woman for contempt of court after she failed to comply with an undertaking to return her children to Qatar. The court found that the respondent had willfully violated the undertaking, obstructing the course of justice.

The contempt case emerged from Letters Patent Appeal (LPA) No. 216/2022, which was resolved based on the respondent's undertaking on December 1, 2022. The undertaking required her to return to Qatar with her minor children before January 2, 2023 — the reopening date of her elder son's school — and to secure a residency permit for her younger son.

However, the woman travelled to Qatar in December 2022 without her children and later returned to India, claiming harassment and legal issues initiated by her former husband in Qatar, which allegedly led to her Qatar ID being blocked. Despite these claims, the court determined that she did not fulfil her obligations or inform the court of difficulties that could have warranted a modification or discharge of the undertaking.

In its ruling on August 6, the bench, comprising Justice Sanjay Dhar and Justice MA Chowdhary, stated, "The respondent's failure to return to Qatar with her children, as promised, is a clear violation of the undertaking she provided to this court. Such conduct amounts to willful disobedience of the court's order and is a serious obstruction of justice."

The court further noted, "The respondent had every opportunity to approach the court if she encountered genuine difficulties in fulfilling the undertaking, but she chose not to do so."

The court found the respondent guilty of contempt of court under Section 2(b) of the Contempt of Courts Act and imposed a Rs 100 fine. The bench took a lenient view due to her ongoing custody battle and role as the primary caregiver for the children but warned her to be more cautious in the future when making commitments to the court.

The petitioner was represented by Senior Advocate Altaf Haqani, with Advocates Asif Wani and Muneeba. The respondent was represented by Advocate Shabir Ahmad Najar and appeared in person. Additionally, the court directed that LPA No. 216/2022, previously resolved based on the respondent’s undertaking, be reconsidered on its merits on September 9, 2024. The bench stated, "Given the breach of the undertaking, it is necessary to revisit the matter to ensure that justice is served."

The woman's undertaking had stated: "I intend to go back to Qatar well before the date of reopening of the school of my elder son and in this regard, I undertake that I will be in Qatar well before January 2, 2023, and will also take all necessary steps for obtaining a residency permit for my younger son, as I am now his sponsor."