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's awareness and intentional defiance of the court's directives.

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 before a coordinate bench of this Court on 19/2/2020, the appeal was ordered to be admitted. Notices were ordered to be issued to the respondent and record was summoned. Whereafter, by observing that in view of admission of the appeal and the provisions of Section 15 of the Act, 1955 no order was required to be passed on the stay application, the stay application was dismissed. After service of notice of appeal on the respondent, Vakalatnama on his behalf was filed on 22/7/2020.

5. It is alleged in the petition that despite being aware of the fact that the appeal is pending consideration before this Court and order dated 19/2/2020 has been passed keeping in view the provisions of Section 15 of the Act, 1955, the respondent solemnized marriage on 19/10/2021 with one Ms. Koushalya D/o Ranveer Poonia, R/o District Hanumangarh. Whereafter, submissions have been made that said Smt. Koushalya lodged an FIR against the respondent alleging offence under Sections 498A, 494 and 120B IPC, wherein, charge sheet was filed against the respondent after verifying the fact of his marriage with said Smt. Koushalya on 19/10/2021.

6. Based on the above, it is alleged that the respondent willfully disobeyed/flouted the order of this Court by solemnizing marriage on 19/10/2021 with Smt. Koushalya only with a view to frustrate the pending appeal and, therefore, he be punished.

7. By order dated 19/12/2022, a coordinate bench of this Court directed issuance of notice of present contempt petition to the respondent.

8. A reply to the petition has been filed with the submissions that the respondent holds this Court in highest esteem and has not done anything directly or indirectly which may be termed as having committed contempt of the orders passed by this Court. Further, submissions have been made that in case this Court reaches to the conclusion that inadvertently the bonafide action of the respondent constitutes contempt, he tenders unconditional apology for the same.

9. Submissions have also been made that by order dated 19/2/2020 passed by this Court no directions were issued to him as stay application came to be dismissed with reference to the provisions of Section 15 of the Act, 1955 and, therefore, there is no question of order of this Court having been flouted. With reference to the FIR lodged by Smt. Koushalya, submissions have been made that he has been acquitted by the trial court on 17/9/2022 and that the said judgment of the trial court has been suppressed while producing copy of the FIR and challan etc. Whereafter, an attempt has been made to indicate that the respondent never lawfully married said Ms. Koushalya and was trapped by her as she was staying in the family of respondent for studying purposes. Based on the above submissions, it is prayed that the petition