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contempt appln.

(Querist) 15 December 2010 This query is : Resolved 
Dear all,

can trail court/JMFC/Familycourt/Civilcourt(s.d.) has jurisdiction to decide contempt appln. on the ground that contempt of court happened before this court, by way of filing false affidavit and by false or misleading statement obtan favourable order.

kindly be advise that any court (i.e lower court )has power to entertaint and decided contmept appln.
or
only high courts are haveing power to entertain contempt appln.

yours valuable advise would be highly appreciate.

thanks in advance
PALNITKAR V.V. (Expert) 16 December 2010
The lower courts are supposed to submit a report to the HC whereupon the HC takes action under the contempt of courts Act. The lower courts can not punish under Contempt of Courts Act.
R.SHAH (Querist) 16 December 2010
THANK YOU SIR,

IT MEANS I CAN FILE APPLN. FOR CONTEMPT OF COURT IN LOWER COURT AND LET AFTER ENQUIRY IT MAY SEND TO HC.

Advocate. Arunagiri (Expert) 16 December 2010
I differ. The application has to be filed before the trial court. The trial court will record its findings u/s 340 cr.p.c. A formal complaint will be made to the jurisdictional magistrate directly.
R.SHAH (Querist) 17 December 2010
thank you sir,
in my case one of the witness has not paid the fine of penalty, whereas witness has given in writing n next date i'll pay but not remain absence consecutives three dates. then i moned appln. for dropping witness before trail court in 498a. now i find judgment of SC hel that not compyling of order is contempt of court as it obtructing the adminstration of justice.

secondly, in family court a applicant lady has made appln. wherein she insist court to issued Distress Warant against me for to paying arrears amount the sum was after saty order vacate, but later i came to know that she was already remarried on that day of issuing D/W for amount which is not entiled to her after remarried.
Can i file contempt appln. before family court for necessary action as she mislead this court at time of issuing warrant and obtain favourable order.

Thirdly, can i file contempt appln. in civil court (s.d)suit wherein she fie false affidavit stating that she was not remarried and sought all legal reliefs of wedded wife attach to it, as per my understanding it also falls a contempt of court.

need expert advise on this point.

thanks & regards


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