The Bombay High Court recently accepted the apology of a mother, who had sent a WhatsApp message to the judge hearing her appeal related to the custody of her daughter [Vaishnavi Caim Sambuddha v Alok Nath Sambuddha].Justice MM Sathaye asked the woman to not indulge in such attempt or activity to reach out directly to any judge in future.The Court had earlier called an explanation from her, 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 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 Court said in the order passed on December 19.The woman-mother had appealed to the High Court against a district court's decision to grant her husband the temporary custody of their 6-year-old daughter. The district court had allowed visitation rights to the mother and also issued a direction for video calls with the child. After Justice Sathaye refused to stay that order on November 29, the woman is stated to have messaged the judge via WhatsApp on his private number. .In an earlier order, the Court recorded that though her number was blocked by the judge, he then received further messages and videos from a different number. On December 2, the woman accepted before the Court that she was the sender of those messages. The single-judge opined that her conduct borders on contempt of court and sought an explanation from her."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 and this conduct is bordering on the contempt of the Court. This can not 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.".Advocate Sunil S Gosavi, who was representing the woman, condemned her actions and sought to withdraw from representing her. The Court then discharged advocate Gosavi as her lawyer.The woman then hired a different lawyer, who filed an affidavit of apology on her behalf. The Court eventually took a lenient view and accepted the woman's explanation. "Show cause notice issued to the Appellant under order dated 02.12.2024 stands discharged," the Court ordered..Advocate Sunil S Gosavi appeared for the mother on December 2. Advocate Altaf Khan and advocate Mazar Khan instructed by Supreya Ghadge appeared for the mother on December 19.Advocate Naveen Sharma appeared for the respondent-father..[Read Orders]
