Mumbai: The Bombay High Court has accepted the “unconditional apology” of a mother, who had sent a WhatsApp message to the judge hearing her appeal related to the custody of her daughter. The court also cautioned the woman “not to indulge in such attempt / activity to reach out directly to any Judge, in future”.
Justice Milind Sathaye had earlier issued a show cause notice to the woman and sought an explanation asking why legal action should not be initiated against her for such conduct. The woman then apologized for her actions.
“Perusal of the affidavit shows that the Appellant (woman – mother) has tendered unconditional apology and has offered explanation for her conduct. The Appellant has stated that she was emotionally stressed out and felt helpless at the relevant time and therefore, out of anxiety and desperation for her child, whose custody is in question, an attempt was made to reach out to the Court (M.M. Sathaye, J) directly on whatsApp mobile number,” the judge said on December 19.
The woman had approached the HC challenging the order of a district court granting her husband their 6-year-old daughter’s custody, while granting her visitation rights and video calls with the child.
The HC, on November 29, refused to stay the district court’s order, following which she is stated to have messaged the judge on his private mobile number. The judge had noted on earlier order that though her number was blocked, he received further messages and videos from a different number.
On December 2, the woman had accepted in the court that she had sent those messages after which the judge observed that her conduct bordered on contempt of court and sought an explanation from her. The judge remarked that this cannot be taken lightly.
“Considering the nature of the impugned order and the relationship between the parties and that the custody of a child was involved, this may be a case of desperate attempt by a mother. However, it is done in a completely inappropriate way,” the judge added.
Her advocate condemned her actions and sought to withdraw from the case, which was allowed by the judge. The woman, through another lawyer, filed an affidavit tendering unconditional apology, which the court accepted.
