Mrs. Aanchal Vishal vs Vikram Vishal
2023 Latest Caselaw 7646 Kant

                                        -1-
                                                  NC: 2023:KHC:40090-DB
                                                   CCC No. 375 of 2023



                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 9TH DAY OF NOVEMBER, 2023

                                     PRESENT

             THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

                                        AND

                     THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                     CIVIL CONTEMPT PETITION NO. 375 OF 2023

             BETWEEN:

             MRS. AANCHAL VISHAL,
             W/O VIKRAM VISHAL,
             AGED ABOUT 41 YEARS,
             R/A B 205, VRR LAKEVIEW APARTMENT,
             LAKE ROAD, DODDANAKUNDI,
             MARATHAHALLI, BANGALORE-560 037.
                                                        ...COMPLAINANT
             (BY SRI. OMAR SHARIFF.,ADVOCATE)

             AND:
Digitally
signed by    1.    VIKRAM VISHAL,
SHARADA            S/O SURYA NARAYAN KISHORE,
VANI B
Location:          AGED ABOUT 45 YEARS,
HIGH COURT         R/A B 205, VRR LAKEVIEW APARTMENT,
OF
KARNATAKA          LAKE ROAD, DODDANAKUNDI,
                   MARATHAHALLI,
                   BANGALORE-560 037.
                   EMAIL.VIKRAMVISHAL@GMAIL. COM
                   MOB-9986004630

             2.    MR NIRAMALA,
                   R/A 596, BABA NILAYAM,
                   DASARAHALLI,
                   NEAR BHARATHI THEATERS,
                   BANGALORE-560 057.
                   WORKING AT BANK OF BARODA,
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                                       NC: 2023:KHC:40090-DB
                                            CCC No. 375 of 2023



   RAJESH KHANNA,
   DEPUTY GENERAL MANAGER
   41/2, 5TH FLOOR, VIJAY TOWERS,
   M G ROAD, BANGALORE-01
                                             ...ACCUSED
(V.C.O DATED 28.08.2023, CCC DIMISSED AGAINST A-2)

     THIS CCC IS FILED UNDER SECTIONS 10 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF
THE CONSTITUTION OF INDIA, 1950, PRAYING TO INITIATE
CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR
WILFUL AND DELIBERATE DISOBEDIENCE OF THE ORDER
DATED 09.01.2023 OF THE LEARNED VI FAMILY COURT IN MC
2309/22 WHICH IS PRODUCED AS ANNEXURE-A.

     THIS CCC COMING ON FOR PRELIMINARY HEARING, THIS
DAY, CHIEF JUSTICE MADE THE FOLLOWING:

                           ORDER

This complaint of contempt is founded on the alleged

violation of the Judgment & decree of the Family Court

entered in M.C.No.2309/2022, disposed off on

09.01.2023. Learned counsel for the Complainant argues

that the non-compliance of such a decree or order

amounts to offence of contempt punishable under Sections

11 & 12 of Contempt of Courts Act, 1971 and therefore,

the Accused should be summoned & tried.

2. Having heard the learned counsel for the

Complainant and having perused the Complaint papers, we

NC: 2023:KHC:40090-DB CCC No. 375 of 2023

decline indulgence in the matter inasmuch as, sufficient

Sections have been made under the provisions of the

statutes in question for enforcing the Judgment & Decree/

Order of the kind and therefore, Contempt jurisdiction

cannot be invoked. In a considered decision in CCC No.

1140/2022 between MOHAMMED ABID HUSSAIN vs SYEDA

BUSHRA FATHIMA & OTHERS, disposed off on 17.02.2023,

we have already taken this view and there is no reason to

deviate from the same.

In the above circumstances, this Contempt Petition is

disposed off reserving liberty to the Complainant to have

recourse for the redressal elsewhere in accordance with

law. In that connection, all contentions are kept open.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE Snb/