Kaatu Poochi (Kaatu Poochi&Co) 21 June 2014

Contempt of the court

Respected Sir,

1st I have filed RCR

2nd my wife filed DVA

But in the 2nd case she not informed her petition about my RCR trail in family court. She filed DV case not clean hand.

is this contempt of the court? If yes what should I take action against her?

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12 Replies

Dr J C Vashista (Advocate) 21 June 2014

The given facts do not constitute any contempt of court, rather it is concealment of facts before the court which, if emphasised shall benefit and favour your case.

1 Like

Laxmi Kant Joshi (Advocate ) 21 June 2014

No it is not contempt of the court , she had not done any wrong against the court order in your case she had concealed the fact in her dv case that her husband had field rcr case against her , prove it obviously you will get benifitted and this will go in your favour .

1 Like

Kaatu Poochi (Kaatu Poochi&Co) 21 June 2014

Thank you lot Honorable Dr.J.C.Vashista sir and Honorable Laxmi kant joshi Sir. My doubt is clear in this issue.

Biswanath Roy (Advocate) 22 June 2014

IT IS A CASE OF SUPPRESSION OF MATERIAL FACTS NOT A CONTEMPT.

1 Like

Kaatu Poochi (Kaatu Poochi&Co) 22 June 2014

Honorable Biswanath Roy Sir,

What is SUPPRESSION OF MATERIAL FACTS? This terms useful to dismiss/weak the DV case.

Kindly advice me what is this and what is the procedure.

Biswanath Roy (Advocate) 23 June 2014

In your case material facts is RCR which you filed against your wife. This fact was deliberately and willfully suppressed by your wife in her DV application. Does it not constitute 'suppression of material facts?' Suppression of material facts in an application shall reject the petition

1 Like

Kaatu Poochi (Kaatu Poochi&Co) 23 June 2014

Valuable reply thank you very much Honorable Biswanath Roy Sir,

T. Kalaiselvan, Advocate (Advocate) 24 June 2014

Suppression of fact material to her case will always weaken her case. During trial, while cross examining her, this fact may be brought to light and establish before the court that she intentionally concealed the fact of pending case before the court in order to attract sympathy of the court misusing the the provisions of law by approaching the court with tainted hands. You can prevail upon her on this issue which may lead you to get the DV case dismissed. Discuss with your lawyer and proceed accordingly.

1 Like

Kaatu Poochi (Kaatu Poochi&Co) 24 June 2014

Thank u lot lot lot Hon'ble Kalaiselvan Sir. I will inform my advocate about this section. Again thank u.

T. Kalaiselvan, Advocate (Advocate) 29 June 2014

You are welcome for your appreciations. Please be in touch with yor advocate after having taken so much pain to obtain valuable advises from many senior advocates from this forum, so that your advocate does not miss the bus at the last moment.

1 Like

Kaatu Poochi (Kaatu Poochi&Co) 29 June 2014

Sure sir,

Thank U very much