contempt of court

Shalini Sharma (Querist) 18 December 2015 This query is : Resolved
Kindly help to suggest citations on conviction in civil contemp of court.
FACT ARE :-
In matrimonial dispute parties (husband & wife) went for settlement.
They signed the settlement deed. Husband gave his false undertaking in concerned court, (which is sessions court from which they went to mediation) but did not comply to conditions of mediation settlement. Now wife has filed the contemp case in concerned court.
Due to mediation settlement , husband got FIR/cases were quashed / closed by HC. Later wife got all the FIR/cases reopened/revived by HC.
Now she filed the contemp petition in concerned court.

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Guest (Expert) 18 December 2015
Contempt of willful disobedience or undermining of court order/decree. When a settlement is submitted to court and based on that court issues order and closes case, and later if person does not obey order , it is civil contempt. Curt can not only punish by jail term and /or fine but also enforce order as if it was execution. Contempt is made out against contempner in the court which made the order.

Take for example district consumer forum. A order passed by forum can be enforced in 2 ways section 25 and section 27 ( contempt). The party against whom order is delivered can be sent to jail and forum Judge becomes a magistrate for that purpose. Or Court can issue order called Kurki to be executed and money recovered as arrears of land revenue by collector.

Shalini Sharma (Querist) 18 December 2015
Thank u sir
Pls kindly refer some case laws in regard to conviction for the civil contempt of court.

Rajendra K Goyal (Expert) 19 December 2015
Husband has to defend the case on merits.

Guest (Expert) 20 December 2015
No case law is required for your query.It is matter of procedure already laid down

T. Kalaiselvan, Advocate (Expert) 26 December 2015
Case laws are not supplied here. You have to look for one yourself.

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