IN THE HIGH COURT OF MADRAS
R. SUBBIAH, R. PONGIAPPAN, JJ.
Gopal Arumugam - Appellant
Versus
Lalithamani Deivasigamani - Respondent
Contempt Petition No. 2056 of 2019
Decided On : 04-09-2020
Contempt of Courts Act - Hindu Marriage Act - Section 19(i) - Wilfully disobeying order of Additional Family Court - Contempt of Court - Petitioner is the husband and respondent is wife - Marriage between them was solemnised as per the Hindu Rites and customs at Maharaja Hall Coimbatore District and marriage was also registered in Office of Marriage Registrar/Sub-Registrar - Originally, couple were residing in Canada, where petitioner-husband had business interest - In year 2014, petitioner and the respondent discussed and decided to shift their residence to India for obvious reason(s) including upbringing of their children as per Indian values and Tamil Culture - Held, Reason why the concept of contempt exists is to insulate institution from unfair attacks and prevent a sudden fall in Judiciary's reputation in public eye - Contempt of Courts Act was enacted to define and limit the powers of certain Courts in punishing Contempts of Courts and to regulate their procedure in relation thereto - Contempt Law was originally intended to maintain a "blaze of glory" around Courts - In words of Honourable Mr. Justice V.R. Krishna Iyer, " Law of Contempt has a vague and wandering jurisdiction with uncertain boundaries and Contempt Law, regardless of public good, may unwittingly trample upon civil liberties" - Having regard to above parameters devised to deal with contempt proceedings, we hold that respondent-wife is guilty of Contempt of the order - Contempt Petition is allowed.
ORDER :
R. Subbiah, J.
1. This Contempt Petition is filed by the petitioner praying to take action against the respondent under the provisions of the Contempt of Courts Act for wilfully disobeying the order of the Additional Family Court, Coimbatore passed in I.A. No. 1 of 2019 in H.M.O.P. No. 932 of 2019, dated 02.07.2019 and punish her for committing and continuing such disobedience of the order of the Court.
2. Brief facts as culled out from the affidavit, which are necessary to decide the issue involved in this Contempt Petition, are as follows:
(a) The petitioner is the husband and the respondent is the wife. The marriage between them was solemnised on 22.02.2002 as per the Hindu Rites and customs at Maharaja Hall, Pollachi, Coimbatore District and the marriage was also registered in the Office of the Marriage Registrar/Sub-Registrar, Anaimalai on 01.03.2002. Due to their wed-lock, a son (Trilokh) was born on 07.12.2007 and a daughter (Gayathri) was born on 23.03.2009. Originally, the couple were residing in Canada, where the petitioner-husband had business interest.
(b) In the year 2014, the petitioner and the respondent discussed and decided to shift their residence to India for obvious reason(s) including the upbringing of their children as per Indian values and Tamil Culture. In anticipation of such move, the petitioner-husband, even in March 2014, had made arrangements for purchase of a house/villa at Coimbatore, located at Mayflower Sakthi Garden at Nanjundapuram Road, Coimbatore - 641036, which was subsequently purchased by the petitioner in the name of the respondent-wife. The sole reason to select Coimbatore as the place of residence of the family, was, to heed to the petitioner's wife's pleading, since she hails from the same place where she studied.
(c) In June 2015, the petitioner and respondent along with their children, came down to India, Coimbatore. Initially, they resided in a rented house at No. 2E, Olive, Mayflower Sakthi Garden, Coimbatore and thereafter, they moved to the Villa purchased by the petitioner-husband in the name of the respondent-wife at Mayflower Sakthi Garden. In June 2015, the children were admitted in Vivekalaya's Prakriya International School (IB Curriculum) at Coimbatore. Thus, the family of the petitioner migrated and settled down at Coimbatore, consciously treating the same as their permanent place of residence. The family called this Coimbatore house as their family home, where the respondent-wife had the total freedom and complete mobility with a fully paid car for her own use and house servants and close proximity to the respondent's mother's residence.
(d) While so, the respondent-wife, in late 2018, started to behave little indifferently with disrespect towards the petitioner-husband. She was counselled by her family as well as the petitioner-husband, but it was of no avail. She became very adamant and openly expressed her disinclination to live with the petitioner or continue the marriage with him. In such a situation, on 29.12.2018, the petitioner left for Canada on account of his business commitment and planned to return to India by February 2019. On 12.01.2019, the petitioner-husband was shocked to receive a phone call from the respondent-wife, informing that she along with the children, had landed in Canada without any prior intimation to her husband, the petitioner herein. At that time, the children were in the midst of the Academic Year, studying VI Std. and IV Std. at Coimbatore. The action of the respondent-wife on her arrival to Canada, clearly revealed a meticulously planned scheme, hatched and executed in collusion with the external and vested interests. Immediately, on the next day of her arrival, she demanded payment of 20,000 Canadian Dollars. She also threatened the petitioner-husband with complaint to the Canadian Revenue Authority, unless her financial demands are met immediately. The petitioner-husband tried to calm down the respondent-wife and sought to know as t
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