The Supreme Court imposes a fine of Rs.25 lakhs and also sentences the NRI father to 6 months imprisonment for violating directions to bring back minor son to India.

The Supreme Court observed that the contemnor was under an obligation to bring back his minor son to India. However, the conduct of the contemnor showed that he never had any intention of bringing the child back to India. The bench found that the contemnor had not shown any signs of remorse and that he had scant respect for the orders of the court.

The top Court observed that:

"The contemnor has defied assurance given to this Court that he has submitted himself to the jurisdiction of this Court. The contemnor went to the extent of opposing the request for mirroring the order of this Court, which resulted in the denial of the said request by the concerned Foreign Court. In fact, due to the misrepresentation made by the contemnor, the Foreign Court has not honoured the principle of comity of Courts. The act of denying the fact that he voluntarily submitted to the jurisdiction of this Court and his conduct of opposing the request for the grant of mirroring order amounts to interference with the administration of justice and obstructing the administration of justice".

The Supreme Court further observed:

"Considering his contumacious conduct, we propose to direct the contemnor to pay a fine of Rs.25 lakhs and to undergo simple imprisonment for a period of six months for committing civil and criminal contempt. In default of payment of the fine, he will have to undergo a further sentence of simple imprisonment for two months".

"We direct the Government of India as well as the Central Bureau of Investigation to take all possible and permissible steps to secure the presence of the contemnor in India with a view to ensure that he undergoes the sentence and pays the fine," the court ruled.

MEENAL BHARGAVA vs NAVEEN SHARMA & ORS.