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ARUN BHANSALI, RAJENDRA PRAKASH SONI
Alipka @ Lokesh, W/o. Vikaram Singh, D/o. Shri Rajaram – Appellant
Versus
Vikaram Singh, S/o. Mahendra Singh – Respondent
ORDER :
1. This petition under Section 12 of the Contempt of Courts Act, 1971 (‘the Act, 1971’) has been filed by the petitioner with the prayer that the respondent be punished for wilful disobedience of this Court’s order dated 19/2/2020.
2. The present petition with the above prayer arises in the circumstances, wherein, the respondent filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (‘the Act, 1955’) for dissolution of marriage solemnized between the respondent and the petitioner before the Family Court, Hanumangarh, which petition came to be accepted by the said Court by its judgment and decree dated 15/1/2020, whereby, the marriage between the parties was ordered to be dissolved.
3. Against the judgment and decree dated 15/1/2022, the petitioner filed D.B.Civil Misc. Appeal No. 326/2020 before this Court on 24/1/2020. Along with the appeal, D.B.Civil Misc. Stay Application No. 342/2020 was also filed inter alia with the prayer that during the pendency of the appeal, effect and operation of the decree dated 15/1/2020 may be stayed till final disposal of the appeal and the respondent be directed to maintain status quo.
4. When the appeal came up for admission
The main legal point established in the judgment is that wilful disobedience of court orders, especially in the context of remarriage during the pendency of an appeal, requires evidence of the party'....
The central legal point established in the judgment is the distinction between the provisions of Section 15 and Section 21B(3) of the Hindu Marriage Act, and their implications on the obligation to r....
The necessity of proving the contemnor's knowledge of the court's order beyond reasonable doubt is essential to establish civil contempt under the Contempt of Courts Act, 1971.
Remarriage during the appeal period under Section 15 of the Hindu Marriage Act does not invalidate an ongoing appeal, and the legality of such remarriage is to be determined at the final hearing.
The court emphasized that contempt proceedings should only be initiated when there is a clear case of wilful disobedience of a court's order and that the respondents followed due process to extend cr....
The main legal point established is the importance of considering the maintainability of applications before granting interim orders and the need to expedite pending cases without disturbing interim ....
An appeal under Section 19 of the Contempt of Courts Act is maintainable only against orders imposing punishment for contempt; non-punitive orders are not appealable.
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