Contempt of court
Querist :
Anonymous
(Querist) 22 August 2011
This query is : Resolved
Married to a Muslim Lady in 2007 as per Muslim law, but unfortunately after the solemnization of the marriage , right from day one the said lady remained adamant to end the relations as her behavior towards me and to my family was always hostile and quarrelsome and used to stay in my house for intermittent period of 4 to 5 days, the said lady on Jan 2009 left the my house for two days but till Nov. 2009 did not returned back despite the fact that the I in the meanwhile send a number of persons to house of the said lady to return home but she categorically refused to come home , and in turn leveled some false and frivolous allegations against me and once I myself tried my best to convince her to come back she categorically refused to restitute the marital life with me and connived that she does not want to live with me and insisted on dissolution of marriage . Ultimately when all the ways of negotiation with the said lady failed as she otherwise also did not proved to be a good pious wife on 14th Nov. 2009 I divorced her through a divorce deed, dispatched through speed post to the available address of the said ex-wife, which she refused to accept, later in Oct 2010 the lady filled a case of restitution of Conjugal right in Munsif Court, were she prayed for 1) “A decree of Conjugal right, directing defendant to restore the matrimonial relationship as legally wedded husband of Plaintiff” 2) “ A decree of permanent prohibitory injuction, restraining the defendant from contracting second marriage” . The Hon’ble court passed the order as “ the non-applicant is restrained till next date of hearing from solemnizing another marriage.” “Issue notice to non-applicant for his appearances & filling of objections to this application”. I have filed my objections & in non of the hearing any discussion about Status Quo was discussed.
I solemnized another married, now the lady has applied for the Contempt of Court, I submitted my objection, the lady applied for transfer of case to some other Judge.
My query is it Valid Satus quo as I am a Muslim. Can Court restrict Muslim Male for Second marriage, Any Judgment in either way
prabhakar singh
(Expert) 22 August 2011
You are right,the court lacked jurisdiction inherently in restraining you from marrying another lady as your personal law allows you to marry 4,hence no contempt can proceed against you.
Advocate. Arunagiri
(Expert) 22 August 2011
Whether right or wrong the court had passed an interim injunction. You have to obey it otherwise you will be deemed to be committed contempt of court.
The court had not restricted your second marriage. The court had passed only a interim order to maintain the status quo.
You can vacate the interim order. Till such time the interim order is binding you.
N. AKSHAY BERI
(Expert) 22 August 2011
THE ORDER SPECIFIACLLY STATES TILL NEXT DATE OF HEARING THUS NO CONTEMPT OF COURT LIES.
LOREOVER MUSLIM LAW PERMITS THE MARRIAGE SO COURT CANNOT GO BEYOND THE SPECIFIC LAW.
Chanchal Nag Chowdhury
(Expert) 22 August 2011
U R entitled to the benefit of S 13 of the Contempt of Courts Act.
prabhakar singh
(Expert) 23 August 2011
WHAT Advocate. Arunagiri WANT TO SAY IS INTELLIGIBLE TO ME that one who is capped with jurisdiction can decide it wrongly or rightly,no matter.
But i wanted to state that although grant of injunction temporary or perpetual is a discretion of court,while applying such jurisdiction,a court is neither empowered to legislate a law nor has power to amend a law in force,and the order under our consideration amounts to amending a law in force,for which court inherently lacked jurisdiction,hence the very order passed is void ab initio,and can not be enforced and no punishment can be enforced for disobedience thereof.To others i wish to say that here only order 39 CPC has to be considered and not the Contempt of Courts Act.
Querist :
Anonymous
(Querist) 23 August 2011
Respected Experts,
The Order is "As such keeping in view the facts & circumstances, the application under 39 rule 3 CPC is allowed & prior notice is dispensed with.The non-applicant is restrained till next date of hearing from solemnizing another marriage. Issue notice to non-applicant for his appearances & filling of objections to this application”.
And Sir in contempt they opposite party is asking " That the breach is wilful & intentional & the Court needs to send contemnor to Civil prison or their property be attached beside rule Nisi be issued against them."
Querist :
Anonymous
(Querist) 23 August 2011
Respected Experts,
The Order is "As such keeping in view the facts & circumstances, the application under order 39 rule 3 CPC is allowed & prior notice is dispensed with.The non-applicant is restrained till next date of hearing from solemnizing another marriage. Issue notice to non-applicant for his appearances & filling of objections to this application”.
And Sir in contempt they opposite party is asking " That the breach is wilful & intentional & the Court needs to send contemnor to Civil prison or their property be attached beside rule Nisi be issued against them."
Advocate. Arunagiri
(Expert) 23 August 2011
Mr.Prabhakar,
I am trying to say that, Some court orders are set aside by the appellate court stating as illegal. Till such time the order of the lower court is binding the parties.
I am not trying to say the order of the court is right or wrong. I am just saying the legality of the interim order.
The trial court had not held that second marriage is illegal.
Querist :
Anonymous
(Querist) 02 September 2011
Respected Experts.
My ex-wife has applied for transfer of the case to some other judge citing the reasons as:
"That the court on May 26,announced in open court that the application for contempt is fixed for evidences of the applicant herein on seeing the minutes of the proceeding in the file a different position was revealed whereby the presence of counsel of non-applicant was recorded as said development has made the applicant to loss faith in the court beside that the court has neither required the contemnors to file statement facts or to present himself in person as the ordersof the court are to be respected & honored & court has to make endeavor to bring the contemnors to book.The court has treated the contempt in causual manner without understanding & appreciating that breach of order has left the applicant in traumatic situation."
Sir as already requested I have already filed my objection for the contempt.
