Karnataka High Court
Nisha S Kumar vs Sailesh Kumar on 1 August, 2025
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2025
PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
CCC NO 461 OF 2024
BETWEEN
NISHA S KUMAR
AGED ABOUT 47 YEARS,
PERMANENT ADDRESS,
DOOR NO.2-331/6A,
NITHYANANDA NAGAR,
MANGALORE
SHELTERED/CORRESPONDENCE AT:
MEGHAVARSHINI,
NETHRAVATHI LAYOUT,
CAPITANIO ROAD,
MANGALORE.
PRESENTLY CAMPING AT:
302, DECCAN CHAMBERS,
136 J.S.S. ROAD,
MUMBAI-400 004
...COMPLAINANT
(BY SMT. NISHA S KUMAR, PARTY-IN-PERSON )
AND
1 . SAILESH KUMAR
AGED 55 YEARS,
PERMANENT ADDRESS,
DOOR NO. 2-331/6A,
NITHYANANDA NAGAR,
MANGALORE.
2
2 . ANUPAM AGARWAL
COMMISSIONER OF POLICE
MANGALURU.
3 . MS.NALINI
CHIEF OFFICER
KOTEKAR TOWN PANCHAYAT
ULLAL TALUK, D.K,
ACCUSED
(BY SRI. VINAY N, ADVOCATE FOR A1,
SRI. PRASANNA V.R, ADVOCATE FOR A3 )
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURT ACT R/W SECTION 151 OF CPC, BY THE
PARTY-IN-PERSON/COMPLAINANT, WHEREIN SHE PRAYS THAT THE
HON'BLE COURT MAY BE PLEASED TO VIEW OF WILLFUL
VIOLATION OF THE UNDERTAKING GIVEN TO THE II JMFC COURT
IN CRL. M.C. 99/2011 AND THE DELIBERATE DISOBEDIENCE OF
THE HIGH COURT ORDER PASSED IN MFA 4042/2022 ALONG WITH
OTHER VIOLATIONS, THIS HONBLE COURT MAY BE PLEASED TO
INSTITUTE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED.
DIRECT THE ULLAL POLICE STATION TO REGISTER AN FIR AND
INVESTIGATE THE CRIME FOR VANDALIZING MY PROPERTY AND
ETC.
THIS PETITION HAVING BEEN RESERVED FOR ORDERS ON
28.07.2025 COMING ON FOR PRONOUNCEMENT THIS DAY,
RAJESH RAI K, J., MADE THE FOLLOWING:
CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN
and
HON'BLE MR JUSTICE RAJESH RAI K
3
CAV JUDGMENT
(PER: HON'BLE MR JUSTICE RAJESH RAI K)
This contempt petition is initiated against the wilful
disobedience of the order dated 11.08.2023 passed by the Co-
ordinate Bench of this Court in MFA.No.4197/2022 c/w.
MFA.No.4042/2022 & MFA.No.967/2023, whereby the Co-
ordinate Bench has passed the order as under:
"The matter was called on 03.08.2023, thereafter
it was adjourned to 10.08.2023 and on 10.08.2023,
learned counsel for the appellant was directed to
secure instructions as to whether he would not hinder
the respondent from accessing and residing in the
portion marked as "relocated house" in the sketch
which is constructed on a property owned by the
respondent. The matter was adjourned to today.
Today when the matter was called out, learned
counsel for the appellant initially expressed certain
reluctance in view of the judgment and order of II
Additional District and District Judge, D.K., Mangaluru,
in Crl.A.No.108/2022 filed against an order under the
Protection of Women from Domestic Violence Act, 2005
dated 04.07.2022 passed in M.C.No.99/2011.
The fact that the respondent is the owner of the
house is not in dispute. The fact that the premises
where the factory is set up also belongs to the
respondent is not in dispute. The fact that the appellant
has created third party rights in the premises owned by
the appellant is also not disputed and on account of
creation of third party rights, the appellant would
contend that it would not be appropriate to permit that
respondent to relocate and reside in the house built up
in Sy.No.315/B2 and the appellate Court in an appeal
instead of directing provision of accommodation,
directs that she be given a suitable alternative
accommodation.
Nothing can be scarier than this, where a person
who is provided protection in the shared household
under the statute is now sought to be sent away from
occupying her own place, we are unable to appreciate
the order.
It is apparent that the appellant is avoiding
hearing in the matter. Hence, we direct the
Commissioner of Police, Mangaluru, to provide
protection to the respondent in the event she desires to
reside in the property bearing Sy.No.315/1B2 and she
be permitted access to the property through Gate No.3
or Gate No.4.
The interim order to continue till the next date of
hearing.
A copy of this order forthwith communicated to
the Commissioner of Police, Mangaluru by e-mail.
A carbon copy of this order be furnished to
learned Additional Government Advocate to
appropriately instruct the Mangaluru Police.
List on 17.08.2023."
2. It is the contention of the complainant - party-in-person
that though the Co-ordinate Bench has passed the specific
order directing the Commissioner of Police, Mangaluru, to
provide protection to her in the event she desires to reside in
the property bearing Sy.No.315/1B2 and she be permitted
access to the property through gate No.3 or gate No.4,
respondent No.1 disobeyed the aforesaid order by forcibly
entering into her house and thereafter robbed the furniture. It
is her further contention that respondent No.1 disconnected
the water supply lines of the house. Further, the Commissioner
of Police has not given proper protection to her to access the
property through gate No.4. Hence, according to her,
contempt of the aforesaid order has been committed by the
respondents.
3. Per contra, learned counsel for respondent No.1
contended that, the order of the Co-ordinate Bench of this
Court dated 11.08.2023 has been complied with in its letter
and spirit and the complainant has been permitted to access
the property through gate No.4. To that effect, he has filed a
memo along with the rough sketch of the property which
shows accessibility to the complainant to the property through
gate no.4.
4. He further contended that the complainant is residing at
Mumbai and respondent No.1 is absolutely not aware of the
allegation made by the complainant about the furniture and
other materials being robbed from the house and also about
the disconnection of water supply lines.
5. Learned counsel appearing for the Town Panchayat
submitted that the Panchayath has provided the water
connection to the house of the complainant and the pipelines
were intact till her house.
6. Accordingly, both the counsel contend that there is no
contempt of the aforesaid order passed by the Co-ordinate
Bench of this Court and pray to close the contempt petition.
7. We have given our anxious consideration to the
contentions of the complainant-party-in-person and learned
counsel for respondent Nos.1 to 3 and also perused the
documents placed before us.
8. It could be gathered from records that the Co-ordinate
Bench of this Court has passed the aforesaid order by directing
the Commissioner of Police, Mangaluru, to provide protection
to the complainant who is respondent in MFA.No.4197/2022 &
connected matters in the event she desires to reside in the
property bearing Sy.No.315/1B2 and she be permitted access
to the said property through gate No.3 or gate No.4.
9. On perusal of the memo filed by the learned counsel for
respondent No.1, it is clear that the complainant has been
permitted access to the property through gate No.4. Even
otherwise, this aspect is not seriously disputed by the
complainant. Further, on perusal of compliance affidavit filed
by respondent No.2 dated 01.07.2024, it is clear that the
Assistant Commissioner of Police, Mangaluru South Sub-
Division has passed an order dated 28.06.2024 deputing the
Police Officer at the residence of the complainant thereby
giving protection round-the-clock to the complainant. To that
effect, an affidavit was also filed along with the order of the
Commissioner and the photographs which also clearly indicates
that the complainant has been permitted access to the
property through gate No.4 and has been given protection.
10. In such circumstances, the aforesaid interim
arrangement made by the Co-ordinate Bench of this Court has
been complied with by respondent No.1 and the Commissioner
of Police, Mangaluru. The other grievance of the complainant
that the furniture was robbed from the house and water supply
has been disconnected cannot be dealt with in this contempt
petition in view of limited scope of this proceeding. In that
view of the matter, we are of the view that the contempt
petition does not survive for consideration. Accordingly, the
contempt proceeding is dropped and the petition is closed.
SD/-
(ANU SIVARAMAN)
JUDGE
SD/-
(RAJESH RAI K)
JUDGE
PKS
