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ASHOK KUMAR TIWARI VS. VIVEK KUMAR CHATURVEDI

Supreme Court of India · 07 Aug 2026


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2026 INSC 818Page 1 of 4

Contempt Petition (C) No.251 of 2026

Non-Reportable

IN THE SUPREME COURT OF INDIA

INHERENT JURISDICTION

Contempt Petition (C) No.251 of 2026

In

Criminal Appeal No.623 of 2025

Ashok Kumar Tiwari

….Petitioner

Versus

Vivek Kumar Chaturvedi and Ors.

….Respondents

O R D E R

The above contempt petition was filed by the maternal

grandparents of the minor child, alleging non-compliance of the

judgment passed at Annexure P2. Unfortunately, the mother of the

child, the daughter of the petitioner is no more, and the

grandparents were looking after the child.

2. Relying on the decisions of this Court, which permitted

consideration of the custody of a child under Article 226 of the

Constitution of India, when it was sought by the father, the natural

guardian, we were persuaded to handover the custody to the father,

one of the respondent contemnors herein. We also noticed the fact

Page 2 of 4

Contempt Petition (C) No.251 of 2026

that the paternal grandfather had deposited an amount of Rs.10

lakhs in the child’s name and also had taken out a life insurance

policy of Rs.25 lakhs, the beneficiary of which is the minor child. The

father was holding a responsible position in the administrative

services of the State, who had remarried, purportedly for ensuring

due care of the minor child.

3. The child having been separated from the father in 2021, we

directed the custody to be continued with the grandparents till

30.04.2025, till the end of the academic year. The father was allowed

to familiarize with the child during the said period on alternate

weekends and also was also permitted to take the child to his

paternal house during second Saturdays. On 01.05.2025, the child

was to be handed over to the custody of the father in the presence

of the jurisdictional Station House Officer. The grandparents were

also given visitation rights, post handing over of the custody,

permitting them to take the child to their house on every second

Saturday, starting from June 2025.

4. The contempt petition was filed, alleging that the child was

not even once sent to the grandparents. The father raised a

contention that the grandparents also did not come to take custody

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Contempt Petition (C) No.251 of 2026

of the child during second Saturdays. Admittedly, the father has now

moved from the earlier location due to transfer, which is said to be

far from the house of the grandparents.

5. On the last date of hearing, after hearing the parties we

passed an order on 31.07.2026, directing the child to be produced

before us today. The respondent Nos.2 and 3 who are impleaded as

contemnors were relieved from personal appearance.

6. Today when we took up the matter in the Committee Room,

first we interacted with the child. Suffice it to observe that having

interacted with the child we are of the opinion that the interest and

welfare of the child would be best served if he is allowed to be

looked after by his grandparents. The three maternal uncles of the

child also resides with his grandparents, one of whom was present

before us, who submitted that, in fact, the child had obtained

admission in one of the prestigious institutions and even the fees

were paid, when the order was passed handing over the custody of

the child to the father.

7. Considering the overall circumstances, we are of the opinion

that the child should be handed over to the grandparents. The

maternal uncle was allowed to take the child from this Court. We

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Contempt Petition (C) No.251 of 2026

make it clear that insofar as the claim for maintenance, the

grandparents would be entitled to pursue the same in accordance

with law. As far as visitation rights are concerned, the father has to

first build confidence in the child and if the child also desires, the

father may be allowed to visit the child, once in three months but

under strict supervision of the grandparents or maternal uncles.

8. We quite realize that we were dealing with a contempt case

but after interacting with the child, we were of the opinion that

exercise of the parens patriae jurisdiction is expedient, under

which, we have passed the above order.

9. The contempt case stands closed but with the aforesaid

directions regarding the custody of the child.

10. Pending application(s), if any, shall stand disposed of.

.……………………………... J.

(J. B. PARDIWALA)

..………….…………………. J.

(K. VINOD CHANDRAN)

NEW DELHI;

AUGUST 07, 2026.

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