The Gauhati High Court came down heavily on a mother who repeatedly violated its custody and visitation orders. The Division Bench of Justice Michael Zothankhuma and Justice Mitali Thakuria cancelled the bail of Smti Oshima Choudhury, directing that a previously issued non-bailable warrant be executed immediately. The order came after months of disobedience, absconding, and even an alleged act of snatching the child from the father in open defiance of the court.
Background
The case stemmed from a bitter custody dispute between Bhakti Prasad Sonowal and his former wife, Oshima Choudhury. The couple married in 2012 and had a son, Yashaswi Vaibham, born in 2014. Their marriage ended in 2022 through mutual consent, with an agreement that the mother would retain custody while the father would enjoy visitation rights and temporary custody during holidays.
But soon, things took a hostile turn. According to the husband’s petition, the wife began denying him access to their son, ignoring the agreed terms. Despite several court orders reminding her of her obligations, she allegedly refused to comply — even locking herself in her house to avoid contact with process servers and police officers.
Court’s Observations
The Bench observed a clear pattern of deliberate non-compliance. “The respondent-wife has time and again intentionally disobeyed the orders of this Court,” Justice Zothankhuma remarked during the proceedings. The court noted that even after being arrested once and released on bail, the mother continued to defy its directions.
Records show that the court had earlier issued both bailable and non-bailable warrants, after multiple failed attempts at personal service and warnings. In one order, the bench had even involved the District Legal Services Authority (DLSA) to send a para-legal volunteer to explain the legal consequences of contempt — yet, the respondent continued to disregard the orders.
Adding to the gravity of the situation, the father produced video evidence showing the mother, allegedly with her lawyer, forcibly taking away the child from his house despite standing court orders granting temporary custody to the father. “Such conduct strikes at the very root of judicial authority,” the court noted.
The High Court found that both the mother and her counsel, Mr. P. Mazumdar, prima facie committed contempt of court. It directed that a suo motu contempt case be initiated against the advocate for assisting in the disobedience of court orders.
As for Oshima Choudhury, the bench ordered the cancellation of her bail granted earlier on August 8, 2025, and instructed that the non-bailable warrant of arrest issued earlier be executed without delay. The order also permitted the petitioner-husband to serve fresh notice through publication in two newspapers — one English and one vernacular — since the respondent had been evading service.
The matter has been listed for further hearing on October 29, 2025.
Case Title: Bhakti Prasad Sonowal vs Smti Oshima Choudhury
Case Number: Connected matters including Contempt Case (C) No. 526/2025