Meena Khaitan 18 February 2018

Filing of contempt of court

There was a family settlement through consent Term in HC 2 years back. It was agreed upon to abide by some norms put in consent Term. Some property transfers, payments were agreed upon. The other party who resides in USA has to a pay a sum of amount to this lady who is a widow with no source of income for survival. She is completely depended on this. 2 yrs passed by still no payments received. They want the lady to accept the amount what ever they wish to give , not as agreed in consent Term. If contempt of court is to be filed it will need money n time. The lady has no money. Rather she needs money for her existence n medical treatment on urgent ground. Even there are other things which the other members are not following the court decree. Every time if a contempt of court has to be filed and money n time wasted then what's the sense of having a court order and law means. The other members knows that this lady doesn't have money nor anyone to help her, hence they are relaxed and taking advantage of the situation. How can this lady get some help in this regard were she don't have to spend money n waste time and gets her legal dues. Pls help. Thnx.

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8 Replies

Siddharth Srivastava (Advocate) 18 February 2018

The lady can contact legal aid services of the district court where she reside as this forum exist in every district court. If the lady is in Delhi then let her call me on my mobile number 9811776422. I am willing to help her in every possible manner.

TGK REDDI 19 February 2018

Long legal process is unfortunately unavoidable in India. Advocates and judges encourage it. Delay is milch cow for them.

TGK REDDI 19 February 2018

It's not so easy for you to file a Complaint under Contempt of Courts Act.

But there're several sections available for her in The Indian Penal Code.

Meena Khaitan 19 February 2018

Thnx for all the suggestions and response. I m obliged. But I wud like to ask, If people are not bound to obey the court of law, then what's the value n need of going to court, filing cases. When already high court has given its decision and court order has been passed, these people have the audacity to disobey. And the victim is the one who has suffered before and suffering now. Is indian law so weak and value less??? My question that is any lawyer ready to file a contempt of court for this lady. As it is clear that she has to receive money. For that a excecution order has to be passed. Rite now she doesn't have money to pay to the lawyer. But if the lawyer helps her now once the money comes she can pay him back. Can anybody do this. A agreement or document can be made and the process carried out. This case was filed in Mumbai High Court. Please suggest and help.

TGK REDDI 19 February 2018

It's the look out of courts regarding contempt.

If you're so minded, Indian Penal Code is open to you. Why to bother about the prestige of courts?

Meena Khaitan 19 February 2018

Mr. Reddit, I didn't understand your response message. Pls clarify. Thnx

TGK REDDI 19 February 2018

According to Section 15 (1) (b) of Contempt of Courts Act, 1971, motion can be made by a person with the consent in writing of the Advocate General. Not so easy.

Normally an Interim Application will do and the Court issues warrant of arrest and coerces the party.

You may think of filing a petition ( not a Complaint ) under Section 188 of the Indian Penal Code. Punishment under this Section is more severe than that under Contempt of Courts Act.

Madam, you needn't buy these law books. Type in Google contempt of courts act, 1971 and Section 188 indian penal code.

(Guest)

Indian law is not weak as per your perception, but proper process is needed to be followed for implementation of law by the concerned litigants and their advocates. But people forget that the law cannot automatically work, it has to be made to work.

But when you know the execution order is yet to be passed, can you please clarify about the specific reason for not getting the execution order passed and also in what way you are concerned with the instant case of the lady and the decree in her favour?