The Bombay High Court recently accepted the apology of a mother who had sent a WhatsApp message to the judge handling her appeal concerning the custody of her daughter.

Justice MM Sathaye cautioned the woman against attempting or engaging in any future direct communication with judges.

The Court had previously sought an explanation from her, questioning why legal action should not be taken for such conduct. In response, the woman 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 had appealed to the High Court against a district court's decision to grant her husband temporary custody of their 6-year-old daughter. The district court had also allowed the mother visitation rights and directed video calls with the child.

After Justice Sathaye declined to stay the district court's order on November 29, the woman reportedly sent a WhatsApp message to the judge's private number. The Court later noted that although the judge had blocked her number, he received further messages and videos from a different number.

On December 2, the woman admitted before the Court that she was the sender of those messages. The single-judge observed that her actions bordered on contempt of court and requested 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 had been representing the woman, condemned her actions and sought to withdraw from the case. In response, the Court discharged Advocate Gosavi as her lawyer. 

The woman then engaged a new lawyer, who filed an affidavit of apology on her behalf.

Ultimately, the Court adopted a lenient stance 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 represented the mother on December 2, while Advocates Altaf Khan and Mazar Khan, instructed by Supreya Ghadge, appeared for her on December 19. Advocate Naveen Sharma appeared for the respondent-father.