Back
2019 Supreme(SC) 1819
SUPREME COURT OF INDIA
R. Banumathi, R. Subhash Reddy, JJ.
Meghna Shrivastava - Appellant
Versus
Aman Mathur - Respondent
Contempt Petition No. 164 of 2019; Transfer Petition (Civil) No. 1417 of 2018
Decided On : 06-02-2019
A. Tewari, Adv., Eliza Barr, Adv., Riju Mani Talukdar, Adv., Shree Pal Singh, Adv.
Lack of evidence to suggest that the stay order granted by the Supreme Court had been brought to the notice of the Family Court.
Headnote:
Contempt - Ex-parte Stay Order - The court found no ground to initiate contempt proceedings as there was no evidence to suggest that the stay order granted by the Supreme Court had been brought to the notice of the Family Court.
Fact of the Case:
The petitioner alleged wilful and deliberate disobedience of the ex-parte stay order granted by the Supreme Court in a divorce petition pending before the Family Court.
Finding of the Court:
The court found no ground to initiate contempt proceedings and advised the petitioner to take steps to set aside the ex-parte decree of divorce or challenge it in accordance with the law.
Issues: Alleged wilful disobedience of the ex-parte stay order by the Family Court.
Ratio Decidendi: Lack of evidence to suggest that the stay order granted by the Supreme Court had been brought to the notice of the Family Court.
Final Decision: Contempt petition is accordingly disposed of.
ORDER
1. Alleging wilful and deliberate disobedience of Order of this Court dated 6th September, 2018 by which an ex-parte stay was granted by this Court in Divorce Petition NO.501 of 2018 pending before the Family Judge, Division No.1, Jaipur Mahanagar, Rajasthan, the petitioner-wife has filed this contempt petition. According to the petitioner the official letter was sent by Registry of the Supreme Court to the Family Court on 11th September, 2018 communicating the stay granted by this Court on 6th September, 2018.
2. This Court has granted an ex-parte stay of the proceedings pending before the Family Court. The petitioner claims that the official letter was sent from the Supreme Court only on 11th September, 2018. There is nothing on record to show/suggest that the stay order granted by the Supreme Court has been brought to the notice of the Family Court.
3. In view of above, we do not find any ground to initiate contempt proceedings.
4. It is open to the petitioner either to take steps to set aside the ex-parte decree of divorce by filing necessary application or to challenge the ex-parte decree of divorce passed against her on 3rd October, 2018 by the Family Court in accordance with law. The petitioner shall bring it to the notice of the concerned court about the stay order granted by this Court on 6th September, 2018 and passing of ex-parte decree thereafter.
5. Contempt petition is accordingly disposed of.
