In an unusual turn of events, the Bombay High Court accepted the unconditional apology of a mother who had sent WhatsApp messages to Justice MM Sathaye, seeking relief in a child custody case. The Court took a lenient view of the matter, considering the emotional distress of the appellant, but sternly warned against such conduct in the future.
The woman, embroiled in a custody battle for her 6-year-old daughter, had reached out to Justice Sathaye directly after he refused to stay a lower court order granting temporary custody to her husband. Despite being blocked, she continued to send messages and videos from another number.
Justice Sathaye, while discharging the show cause notice issued earlier, stated, “Perusal of the affidavit shows that the Appellant 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 directly on WhatsApp.”
Initially, the Court had taken a stern stance, noting that the woman’s actions “border on contempt of court” and “cannot be taken lightly.” Justice Sathaye remarked, “In my prima facie view, clearly an attempt has been made by the Appellant to over-reach the law to interfere with the administration of justice and to try to influence the mind of the judge. This conduct is bordering on the contempt of the Court.”
The incident led Advocate Sunil S. Gosavi, who was representing the mother, to condemn her actions and seek withdrawal from the case. The Court discharged him as her lawyer, after which she appointed a new legal representative. The new lawyer filed an affidavit tendering her apology and explaining the circumstances.
Taking note of the apology, the Court accepted her explanation and emphasized the seriousness of such misconduct. Justice Sathaye warned the appellant, “The Appellant is directed not to indulge in such attempt or activity to reach out directly to any judge in future.”
With the apology accepted, the Court discharged the show cause notice against the woman but underlined the importance of maintaining judicial decorum.
Case: Vaishnavi Caim Sambuddha vs Alok Nath Sambuddha – Available on LAWFYI.IO
