Jackson RuleofLaw (warrior) 12 December 2015

Criminal contempt of court

A litigent has made a an avernment before the FAMILY COURT in his application under Order 7 Rule 11 and got the "Divorce Petition" disposed off as not admissible under Hindu Act.

He took a diagonally contrary view in the fresh "Divorce Petition" which was filed under "Special Marriage Act and once again sought the "Divorce Petition" to be dismissed unde Order 7 Rule 11 and took a plea diagonally opposite.

The Lawyer of the Litigent also accused the petitioner to be a "liar" and asked her to shut up when she was pleading before the hOn Court.

Is A Case Criminal Contempt made out against the Respondent Hisband and her Lawyer ?

If yes, can it be filed before the Hon Family Court

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3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 13 December 2015

But the hon'ble court should have raised objections to the behaviour of her advocate.In that case contempt can be filed.But if the plaint is not as per the order 7 Rule 11- of code of cpc,it can be rejected.

11. Rejection of plaint.- The plaint shall be rejected in the following cases:—

(a) where it does not disclose a cause of action;

(b) where the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the court, fails to do so;

(c) where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the court to supply the requisite stamp paper within a time to be fixed by the Court, fails to do so;

(d) where the suit appears from the statement in the plaint to be barred by any law;

(e) where it is not filed in duplicate;

(f) where the plaintiff fails comply with the provision of Rule 9.

Provided that the time fixed by the court for the correction of the valuation or supplying of the requisite stamp papers shall not be extended unless the court, for reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or supplying the requisite stamp papers, as the case may be within the time fixed by the court and that refusal to extend such time would cause grave injustice to the plaintiff.

Anand Bali Adv. (Advocate Solicitor & Consultant) 13 December 2015

Here the case is of two fold

1 Is the rejection of the Petition

2. Abusing or showing disrespect to the Opponent/ opposit Advocate in the Court.

For first point I shall not say any thing as the petition must be having some defects so that's why it has been rejected however on the other point "It is the duty of the Presiding Judge to take cignigence of the behaviour of the Advocates to maintain the decorum of the court plus the Advocate her self can also object on other Advocate's behaviour and bring in the notice of this to the District Judge's knowledge in writing as he is the Administrative Head of the district court. Though the Family Court Judge must have take Sue moto action in it however if he has not taken it a complaint also can be filed with DJ of with the Bar of the Court or both.

T. Kalaiselvan, Advocate (Advocate) 23 December 2015

If aggrieved by the conduct and behavior of the advocate with the female litigant, she can very well lodge a complaint against the erring advocate with the local bar as well as the bar council of the state.