Suhada Gamalath v. Kristina Ivasauskaite-Rosario and Prajith Rosario – CA PHC APN 03/2010-2012

In the case between Suhada Gamalath, Secretary to the Ministry of Justice and Law Reform (Petitioner), and Kristina Ivasauskaite-Rosario and Prajith Rosario (Respondents), the court considered whether Prajith Rosario (the 2nd Respondent) should be punished for contempt of court following his failure to comply with an order to produce his child in court. It was determined that while contempt of court had occurred due to the initial non-compliance, subsequent compliance, together with humanitarian considerations relating to the child’s subsequent relocation to France and the father’s lack of knowledge of the child’s wellbeing, merited pardon. The court ordered a severe warning but acquitted and discharged the 2nd Respondent of contempt. This holding underscores the principle that courts may