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2012 Supreme(Del) 510

VIPIN SANGHI
Douglas Breckenridge – Appellant
Versus
Jhilmil Breckenridge – Respondent


Advocates appeared:
For the Petitioner:Neeraj Kishan Kaul, Senior Advocate, with P. Banerjee & Atreyi Chatterjee, Advocates.
For the Respondent:Geeta Luthra, Senior Advocate, with Harish Malik, Advocates.

Judgement Key Points

What is the definition of contempt of court in relation to willful disobedience of court orders? What constitutes an "order" under Section 2(14) of the Civil Procedure Code? What are the consequences of abusing the process of the court and calculatedly hampering judicial proceedings?

Key Points: - A party deliberately and willfully disobeying a court order is guilty of contempt of Court (!) . - The respondent was found guilty of contempt of Court for deliberately and willfully disobeying orders dated 30.09.2010 and 05.04.2011 passed by the Guardianship Court, which granted the petitioner custody of Liam (!) (!) . - The respondent was also found to have abused the process of the Court, calculated to hamper the due course of judicial proceedings or the orderly administration of justice (!) (!) . - The court allowed the contempt petition and directed the respondent to purge the contempt by forthwith restoring the custody of the child Liam to the petitioner (!) . - Orders passed by the Metropolitan Magistrate and ASJ in DV Act proceedings concerning Liam's custody were declared null and void (!) . - The respondent was subjected to costs of Rs. 2,00,000/- (!) . - The court held that the orders dated 30.09.2010 and 05.04.2011 qualified as "orders" under Section 2(14) of the CPC (!) (!) . - The respondent's conduct, including suppression of material facts and orders, was deemed to be a fraud upon the court and an abuse of the process of the court (!) (!) . - The respondent's counsel's conduct was found to be highly suspicious, negligent, and unprofessional (!) . - The respondent was found guilty of disobeying the orders by removing the child Liam from the petitioner's custody and taking him into her own custody (!) .

What is the definition of contempt of court in relation to willful disobedience of court orders?

What constitutes an "order" under Section 2(14) of the Civil Procedure Code?

What are the consequences of abusing the process of the court and calculatedly hampering judicial proceedings?


JUDGMENT

VIPIN SANGHI, J.

1. The present petition has been preferred under Sections 10 and 12 of the Contempt of Courts Act, 1973 read with Article 215 of the Constitution of India, with the allegations to the effect that the respondent has deliberately and willfully disobeyed the orders dated 30.09.2010 and 05.04.2011 passed by the Guardianship Court, Saket Courts, New Delhi, passed in Guardian Case No.66/2010 and also the orders of the Metropolitan Magistrate dated 13.10.2011 in CC No.332/1, and of the Additional Sessions Judge dated 19.10.2011 passed in Protection of Women from Domestic Violence Act, 2005 (DV Act) proceedings.

2. The petitioner and the respondent are husband and wife. Out of their wedlock, they have four sons. The petitioner has preferred a divorce petition against the respondent.

3. The petitioner filed a custody petition before the Guardianship Judge, Saket, New Delhi. In the petition the petitioner stated that he resides with his three elder children at C-87, Anand Niketan, New Delhi, of whom he has custody, whereas the respondent resides with her parents at 68, Friends Colony (West), New Delhi. According to the petitioner, the respondent abandoned the matrim






















































































































































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