Sri. Prem Kumar Arumugam vs Smt. Indira. C
2023 Latest Caselaw 7334 Kant

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                                                NC: 2023:KHC:37979-DB
                                                  CCC No. 957 of 2023




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 26TH DAY OF OCTOBER, 2023

                                     PRESENT
              THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
                                       AND
                      THE HON'BLE MR JUSTICE KRISHNA S DIXIT
                            CCC.NO.957 OF 2023 (CIVIL)
              BETWEEN:
                 SRI PREM KUMAR ARUMUGAM
                 S/O.AURMUGAM
                 AGED ABOUT 44 YEARS
                 R/AT NO.33/3, 2ND 'H' CROSS
                 ST.THOMAS TOWN
                 NEAR SANSOR COLLECTIONS
                 KAMMANAHALLI MAIN ROAD
                 BENGALURU - 560 084
                                                      ...COMPLAINANT
              (BY SMT.SUMANGALA A.SWAMY, ADVOCATE)

              AND:

                 SMT.INDIRA C.
                 D/O.PONCHAIRMAN
Digitally
signed by B      AGED ABOUT 37 YEARS
LAVANYA          R/AT 33/4, KAMARAJ STREET
Location:        SURAMPATI (M) WARD-7
HIGH             SURAMPATTI (M)
COURT OF         ERODE, TAMIL NADU-638 009
KARNATAKA
                                                           ...ACCUSED

                   THIS CCC IS FILED UNDER SECTIONS 10 AND 12 OF THE
              CONTEMPT OF COURTS ACT, 1971, PRAYING TO ISSUE NOTICE
              TO THE ACCUSED AND TRY HER UNDER THE PROVISIONS OF
              CONTEMPT OF COURTS ACT FOR DISOBEYING THE ORDER
              DATED 24.05.2023 IN MC.NO.1000/2023 PASSED BY VI
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                                       NC: 2023:KHC:37979-DB
                                            CCC No. 957 of 2023




ADDITIONAL FAMILY COURT JUDGE AT BENGALURU VIDE
ANNEXURE-A AND ETC.

     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.1000/2023, disposed off on

24.05.2023. 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

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

NC: 2023:KHC:37979-DB CCC No. 957 of 2023

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

LB/BSV