Karnataka High Court
Indira C R vs Lt.Col. Rohit C G on 22 April, 2024
Author: K.Somashekar
Bench: K.Somashekar
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CCC No. 899 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
CIVIL CONTEMPT PETITION NO. 899 OF 2022
BETWEEN:
INDIRA C.R
W/O ROHIT C.G
AGED ABOUT 41 YEARS
RESIDENCE AT C/O SMT. PADMINI,
CHURCH STREET, BLOCK NO.1,
VIRAJPET, TALUK & POST OFFICE,
SOUTH KODAGU-571 218.
...COMPLAINANT
(BY SRI. K.S. PONNAPPA, ADVOCATE)
AND:
Digitally signed by
HARIKRISHNA V LT.COL. ROHIT C.G,
Location: HIGH SAINIK ASPATAL,
COURT OF MILITARY HOSPITAL,
KARNATAKA
WELLINGTON (NILGIRIS)
C/O 56 APO, PIN-900 458,
TAMIL NADU.
ACCUSED
(BY SRI. P.B. APPAIAH, ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE
PROCEEDINGS OF CONTEMPT AGAINST THE 1ST AND 2ND
ACCUSED FOR BLATANT AND WILFUL DISOBEDIENCE OF THE
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CCC No. 899 of 2022
ORDER DATED 3.6.2022 PASSED BY THIS HONBLE COURT IN
MFA NO.4851/2017 PRODUCED AT ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
K.SOMASHEKAR, J., MADE THE FOLLOWING:
ORDER
This contempt petition has been initiated by the
complainant against the respondent/accused for willful
disobedience of the order dated 30.06.2022, passed in MFA
No.4851/2017 by this Court.
2. Learned counsel for the respondents/accused has
filed a reply affidavit, wherein it is stated in paragraph No.1
that the respondent/accused is well conversant with the facts of
the case and able to depose to matter pertaining thereto.
Whereas, the proceeding in M.C.No.67/2023 initiated before
the learned Senior Civil Judge & CJM, Madikeri, Kodagu under
Section 13(1)(i-a) & (i-b) of the Hindu Marriage Act seeking a
decree of divorce. Accordingly, Annexure-'A1' is produced for
the purpose of perusal.
3. Further, in paragraph No.9 indicates that 'in
pursuant to the order dated 03.06.2022 passed in the appeal,
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the interim maintenance payable by him to the complainant till
the dismissal of the appeal vide order dated 21.04.2023. The
tabular statement indicates that amount payable, maintenance
received by the complainant, outstanding balance and excess
amount paid. In paragraph No.16, it indicates that 'I hereby
tender an unconditional apology for the delay in complying with
the aforesaid order. In paragraph No.18, it indicates that 'the
complainant has contended in her memo of calculation dated
09.01.2024 that she being liable to pay the interim
maintenance till the date and has computed the same on that
basis. She has submitted hereinabove that in view of the
judgment of the Hon'ble Supreme Court of India cited above,
the respondent/accused liable to pay the enhanced interim
maintenance only from 01.06.20222 as ordered on
I.A.No.1/2023 till his appeal was dismissed on 21.04.2023.
The copy of the judgment rendered by the Hon'ble Supreme
Court of India in the case of Smt. Chand Dhawan vs.
Jawaharlal Dhawan reported in (1993) 3 SCC 406 has been
produced for the purpose of perusal.
4. In paragraph No.19, it indicates that 'the
complainant is probably aware of the aforesaid proposition of
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law since the complainant and our minor daughter have already
filed Crl.Misc.No.204/2023 on 16.09.2023 under Section 125 of
the Crl.P.C before the learned Prl. Judge and JMFC, Madikeri,
Kodagu District and the same is pending. The submission made
is placed on record.
5. The contents made by the learned counsel for the
respondent/accused in the reply affidavit have been conceded
by the learned counsel for the complainant.
6. Learned counsel for the respondents/accused has
handed over the Demand Draft of Rs.91,468/- to the counsel
for the complainant Sri K.S.Ponappa and the said counsel
received the same in the open Court.
7. Keeping in view the submission made by the
learned counsel for the complainant and learned counsel for the
respondents/accused, it is deem it appropriate to state that this
contempt petition is hereby dropped.
8. Learned counsel for complainant in further submits
that Rs.45,000/- is yet to be paid by the respondents/accused.
Counter to his submission, learned counsel for
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respondents/accused submits that Rs.45,000/- has been paid
to the complainant in the month of January, 2024 itself.
9. However, liberty is granted to the complainant to
proceed further in accordance with law.
Sd/-
JUDGE
Sd/-
JUDGE
HKV
