IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
M. Seetharama Murti, J.
K. Hima Bindu and Ors. - Appellants
Vs.
Kudikala Ashok Kumar - Respondent
C.C. No. 1099 of 2014
Decided On: 08.12.2014
Contempt case – Contempt of Courts Act, 1971 – Sections 10 to 12 – Disobedience of orders – Whether the petitioners have made out a case that the respondent had willfully violated and disobeyed the orders of this Court and had further made out valid and sufficient grounds for punishing the respondent for contempt of Court – Respondent had filed before this Court – The said OP was filed by the respondent herein for dissolution of marriage – Petitioners filed the above mentioned Interlocutory Application for grant of interim maintenance learned Judge, Additional Family Court, Hyderabad had granted maintenance payable from at rate of per month to the petitioners, who are the wife and the minor children of the respondent – This Court dismissed the revision petition of respondent and had granted him three months time order to deposit entire arrears of maintenance as ordered by Additional Family Court – Court directed 1st petitioner and the respondent to appear before this Court directions of this Court, the 1st petitioner and the respondent had appeared before this Court learned Counsel for the petitioners had submitted that the respondent had paid in cash to the 1st petitioner and that acknowledging the receipt of the said amount, a receipt had also been issued to the respondent. On that day, further presence of the parties before this Court is dispensed with even when an opportunity was given a substantial amount of arrears of maintenance amount was not even paid. Therefore, further submissions of the learned Counsel for both the sides were heard on the subsequent hearing dates and the matter was reserved for orders. Thus, from the conduct of the respondent throughout, it is clear that he had willfully and deliberately violated the orders of this Court and had failed to pay the arrears of interim maintenance within the time frame fixed by this Court or within a reasonable time thereafter and had thus rendered himself liable for contempt – Held, contentions in the counter of the respondent, in brief, are as follows: "After the orders of this Court in the revision, the respondent had appeared before the Additional Family Court to proceed with the prosecution of the original petition by complying with the orders of this Court. However, the 1st petitioner did not appear before the Additional Family Court to enable the respondent to comply with the orders of this Court. This respondent had filed an interlocutory application for ordering DNA profiling test of the 2nd and 3rd petitioners, since the 1st petitioner is time and again making representations to the respondent that they are not the children of the respondent. The said application was allowed. This respondent had paid necessary fee into the Court for conduct of the said test. However, in view of transfer C.M.P., filed by the 1st petitioner and the stay orders granted by this Court, the 1st petitioner did not appear before the Additional Family Court, Hyderabad. Subsequently, the transfer was dismissed for default. The 1st petitioner had appeared before the Additional Family Court only once after the orders were passed in the revision and this respondent had promptly paid Rs. 11,350/- as maintenance and had obtained a receipt dated 9.4.2013. The 1st petitioner had failed to appear in the OP before the Additional Family Court thereafter respondent had tried to comply with the maintenance orders by intending to deposit the same into Additional Family Court – Contempt case is allowed.
M. Seetharama Murti, J.
1. This contempt case under Sections 10 to 12 of the Contempt of Courts Act, 1971 is filed by the petitioners in CRP No. 2743 of 2012 requesting to punish the sole respondent for willful disobedience of the orders of this Court dated 8.2.2013 in CRP No. 2743 of 2012. I have heard the submissions of the learned Counsel for both the sides. I have perused the material record.
In this contempt case, the parties shall hereinafter be referred to as 'the petitioners' and 'the respondent' for convenience and clarity.
2. Now, the point for determination is:
Whether the petitioners have made out a case that the respondent had willfully violated and disobeyed the orders of this Court dated 8.2.2013 made in CRP No. 2743 of 2012 and had further made out valid and sufficient grounds for punishing the respondent for contempt of Court?
3. Point:
3(a). The facts necessary for consideration are as follows: "Having been aggrieved of the orders dated 28.12.2011 of the learned Judge, Additional Family Court, Hyderabad passed in I.A. No. 770 of 2011 in OP No. 574 of 2011, the respondent herein had filed CRP No. 2743 of 2012 before this Court. The said OP was filed by the respondent herein for dissolution of marriage. The petitioners herein filed the above mentioned Interlocutory Application for grant of interim maintenance. The learned Judge, Additional Family Court, Hyderabad had granted maintenance payable from September 2011 at the rate of Rs. 11,350/- per month to the petitioners, who are the wife and the minor children of the respondent. This Court, by orders dated 8.2.2013, had dismissed the revision petition of the respondent and had granted him three months time from the date of receipt of a copy of that order to deposit the entire arrears of maintenance as ordered by the Additional Family Court. In the light of the final orders in the revision, the miscellaneous petition in MP No. 3649 of 2012 was dismissed and the other miscellaneous petitions in MP Nos. 5917 of 2012 and 8483 of 2012 were closed and the interim stay granted on 5.7.2012 was vacated.
3(b). In the above-stated admitted factual background, the petitioners had now filed this contempt case inter alia alleging as follows: "Despite the orders dated 8.2.2013 in the C.R.P., wherein, a direction was given to the respondent herein to deposit the entire arrears of maintenance within a period of three months from the date of receipt of a copy of the order in the revision, the respondent did not pay or deposit the entire arrears of maintenance as per the orders of this Court and as per the orders of the Additional Family Court. The 1st petitioner along with her minor children is residing at her parents' house at Karimnagar. She is finding it difficult to travel from Karimnagar to Hyderabad on the date of every hearing and therefore, she had requested for transfer of the OP No. 574 of 2011 from the file of the learned Judge, Additional Family Court, Hyderabad to the Family Court at Karimnagar and this Court was pleased to pass order dated 9.10.2013 transferring the said OP to the file of the Judge, Family Court, Warangal. The respondent had not paid maintenance amount even after the lapse of a period of more than one year though a copy of the order of this Court was received by him long time back. The respondent had only paid a sum of Rs. 11,350/- on 28.11.2011 at the first instance after grant of interim maintenance and had failed to comply with the orders of this Court. The said acts and conduct of the respondent in not obeying the orders of this Court is nothing but willful disobedience. The respondent had acted in utter disregard of the orders of this Court. The 1st petitioner had issued a notice dated 12.6.2014 to the respondent requesting to comply with the orders of this Court within a period one week from the date of receipt of the notice by the respondent. Instead of complying with and obeying the orders of this Court, the respondent had issued a vague repl
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