Criminal contempt of court

Contempt of court petitions have to be sumitted to the High Court having jurisdiction over the lower court. Under the Act of 1971, in a contempt of court case the State is the aggrieved party and not you. Hence the State is required to appoint a public prosecutor to pursue the case. Under 498a also the state is the aggrieved party. So it will become public prosecutor against public prosecutor. I do not know how the case will proceed. It may be that another public prosecutor will be appointed.

You have to make your complaint in the court in which the contempt happened. The court will call the parties and ascertain facts. If the court is satisfied, it will forward the complaint to the High Court.

Making false statements before a court is perjury, which is more serious than contempt of court. But the lawyers do not take oath in a court of law unlike others. Hence it is doubtful whether a lawyer can be charged with perjury. As a 498A case is filed on behalf of a wife or her relatives and the prosecutor goes only by the facts presented to him by your wife or in-laws, it may be that they should be charged with perjury.

You can try..