JUDGMENT

[Court hearing convened via video-conferencing on account of COVID-19]

Rajiv Shakdher, J. (Oral)

CM APPL. 5685/2022

1. Allowed, subject to just exceptions.

CONT.APP.(C) 3/2022 & CM APPL.5684/2022[Application filed on behalf of the appellant for interim relief]

2. This appeal is directed against the order dated 08.12.2021, passed by the learned single judge in CONT.CAS(C) 861/2020. Via the impugned order, the learned single judge has held the appellant, who is the husband of the respondent, guilty of contempt.

2.1. The matter has been fixed for sentencing before the learned single judge on 02.02.2022.

3. Mr Rahul Shukla, who appears on behalf of the appellant, assails the order passed by the learned single judge on two grounds:

(i) First, since remedy by way of execution proceedings is available to the respondent, contempt proceedings are not maintainable.

(ii) Second, the appellant does not have the wherewithal to