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IN THE HIGH COURT OF ANDHRA PRADESH
BATTU DEVANAND, J.
Nerella Chiranjeevi Arun Kumar, S/o. Nerella Rama Satyanarayana - Petitioner
Versus
G. Durgaiah - Respondent
Contempt Case No. 1789 of 2021
Decided On : 23-11-2021
Contempt of Court Act - Section 16 - Court, by order directed learned Judge Family Court to dispose of said G.W.O.P. as expeditiously as possible preferably within a period of three months from date of receipt of a copy of order - Learned counsel for petitioner would submit that in spite of specific direction from Court learned Judge Family Court did not dispose of same - learned Judge committed contempt of Court and accordingly contempt case is filed against respondent - learned counsel for petitioner submits that petitioner filed G.W.O.P. on file of Additional District and Sessions Judge Additional Family Court for custody of minor child - Being aggrieved for non-disposal of said petition petitioner filed C.R.P. before Court seeking direction to dispose of petition in G.W.O.P. on file of Judge Family Court within three months - Whether learned Judge Family Court is in a position to dispose of matter in compliance of order passed by Court in light of Notification issued for virtual proceedings – Held, learned Judge Family Court to dispose of matter in compliance of order in CRP - But due to reason that wife/respondent in those petitions did not cooperate for completion of cross-examination and in view of Notification issued by High Court in ROC - Wherein witness action and trial proceedings shall be deferred until further orders in view of rapid increase of COVID-19 cases respondent herein could not dispose of GWOP and FCOP within stipulated time fixed by Court - Court with regard to effort made by learned Judge Family Court Vijayawada to dispose of matter in compliance of order in CRP But due to reason that wife/respondent in those petitions did not cooperate for completion of cross-examination and in view of the Notification - High Court in ROC. wherein witness action and trial proceedings shall be deferred until further orders in view of t rapid increase of COVID-19 cases respondent herein could not dispose of GWOP and FCOP within stipulated time fixed by Court - In addition to that it has to be noted that on itself respondent addressed a letter to Registrar (Judicial) to take steps for extension of further three months time to dispose of these matters - Accordingly I.A. in both C.R.Ps. were allowed on Court extending time for further period of three months - Contempt dismissed.
ORDER :
This Contempt Case has been filed seeking to punish the respondent for willful disobedience in implementing the order, dated 10.11.2020 in C.R.P.No.1171 of 2020 passed by this Court.
2. The learned counsel for the petitioner submits that the petitioner filed G.W.O.P.No.632 of 2017 on the file of the XIV Additional District and Sessions Judge-cum-Judge, Additional Family Court, Vijayawada, Krishna District, for custody of the minor child. Being aggrieved for non-disposal of the said petition, the petitioner filed C.R.P.No.1171 of 2020 before this Court seeking direction to dispose of the petition in G.W.O.P.No.632 of 2017 on the file of the Judge, Family Court, Vijayawada, Krishna District, within three months.
3. This Court, by order, dated 10.11.2020, directed the learned Judge, Family Court, Vijayawada, to dispose of the said G.W.O.P.No.632 of 2017 as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of the order.
4. Learned counsel for the petitioner would submit that in spite of specific direction from this Court, the learned Judge, Family Court, Vijayawada, did not dispose of the same. Thereby, the learned Judge committed the contempt of Court and accordingly, this contempt case is filed against the respondent.
5. Initially, the Registry of the High Court returned the contempt case at S.R. stage raising objection with regard to the maintainability of the contempt case stating as under:
6. The learned counsel for the petitioner has represented the contempt case stating that as per Section 16 of Contempt of Court Act, this contempt case is maintainable. Accordingly, the Registry of High Court placed this matter before the Court for orders.
7. Upon careful examination of the objection raised by the Registry and the clarification submitted by the learned counsel for the petitioner and Section 16 of the Contempt of Court Act, this Court on 06.10.2021 passed the following order :
The objection of the Registry is overruled. Register the Contempt Case and post on 22.10.2021.”
8. On 22.10.2021, after hearing the learned counsel for the petitioner, this Court directed the Registrar (Judicial) to submit a detailed report along with the notifications issued by this Court with regard to conduct of virtual proceedings in view of the COVID-19 pandemic and submit factual position whether the learned Judge, Family Court, Vijayawada is in a position to dispose of the matter, in compliance of the order passed by this Court, in the light of the Notification issued for virtual proceedings. The Registrar (Judicial) also directed to mention in his report with regard to any petition is filed for extension of the order passed by this Court and the result of the said extension petition, by next date of hearing and posted to 25.10.2021.
9. On 25.10.2021, the Registrar (Judicial) has submitted a report before this Court stating as under:
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