Contempt / rcr
Akbar Khan
(Querist) 19 April 2012
This query is : Resolved
Sir,
My wife to whom I already has posted Talqnama before 1 year. Filled a suit for RCR in Hon’ble court after one year of Talqnama was posted,
The lady was given an order by Hon’ble court which read as “The non-applicant is restrained till next date of hearing from solemnizing another marriage. Issue a notice to non-applicant for his appearance and filling of objections to this application.”
I filled objection,
My Query is
1) Both being Muslim can court constraint Muslim for going second marriage.
I got married they applied for Contempt of Court
Query
2) Is this contempt applicable to me?
AS when the case was in final stage of discussion . They have applied for transfer application in court early which was dismissed, as Hon’ble Judge was transferred in routine to some other court.
Query
3) Can they now again apply for transfer to some other judge as the case has come to the discussion stage again after a 1 year.
ajay sethi
(Expert) 19 April 2012
what are the contentions of your wife? is it that divorce was not valid .?
only if you are able to convince the court that you had validly divorced your wife the court will set aside injunction restraining you from marrying second time
since matter is pending in court dont remarry otherwise youy will be hauled up for contempt
Deepak Nair
(Expert) 19 April 2012
Agree with the advise of Mr.Sethi.
Akbar Khan
(Querist) 19 April 2012
Mr Sethi,
I am already married that is what my second query is.
ajay sethi
(Expert) 19 April 2012
if you have already remarried in violation of court order s it amounts to contempt of court
Shonee Kapoor
(Expert) 20 April 2012
I disagree, it is not contempt of court only if you married after the said court order. And not before.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 20 April 2012
I disagree with Shoneeji.It is nothing but contempt of court,which has restrained him from marrying till the case is disposed.Whether both of them are muslims or not,when the case is pending in the court,he has to go as per the directions of the court.
Shashikant V. Patil
(Expert) 20 April 2012
During pendancy of the case and despite court order "The non-applicant is restrained till next date of hearing from solemnizing another marriage. Issue a notice to non-applicant for his appearance and filling of objections to this application.” despite this you married is liable to a comtempt of court.
Akbar Khan
(Querist) 20 April 2012
Dear Experts,
My advocate says this is not contempt of court and ojection taken by him are
1)
The order passed by the Hon'ble court is subject to filling of objections & said order has not been made absolute or otherwise by Hon'ble court .In this context it is submitted that unless an order is not made absolute no contempt lie.
2)The suit is not maintainable in light of Section 16 and 20 of CPC as this Hon'ble court lacks territorial jurisdiction to try the suit.In this perspective it is submitted that the defendant /respondent is residing in another District (X) which falls within the territorial jurisdiction of Hon'ble District Judge of his Distict (X) & the defedant/respondent carries his business for pers onal gain at the time of commencement of the suit at the same place.therefore in light of section 16 & 20 of CPC, this Hon'ble court lacks jurisdiction to try this suit and any order passed by the court having no jurisdiction to try the suit ,is an order without jurisdiction , therefore application merits dismissal.
Please make me clear sir,as i am in confusion
