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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
R. S. Indhumathi @ S. Indhu, W/o. P.R.Shiva Kumaar – Appellant
Versus
P.R. Shiva kumaar – Respondent
ORDER :
P.B. Balaji, J.
This contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971 r/w Rule 4 of the Contempt of Court Rules, High Court of Madras, 1975, alleging willful and deliberate disobedience of the order dated 16-06-2025 in CMP.Nos.13643 & 13645 of 2025 in CRP.No.2361 of 2025.
2.I have heard Mr.Vaibhav R.Venkatesh, learned counsel for the petitioners and Mr.ARL.Sundaresan, learned Senior Counsel for Mr.A.R.Karthik Lakshmanan, learned counsel for the respondent.
3. Mr.Vaibhav R.Venkatesh, learned counsel appearing for the petitioners would submit that the matter arises under the proceedings initiated by the petitioners herein before the Judicial Magistrate, Additional Mahila Court, Alandur, in D.V.C.No.2 of 2025. An order passed in Crl.M.P.No.175 of 2025 in the said DVC proceedings was challenged by the respondent herein. On 16.06.2025, after hearing the learned counsel for the petitioner, I had granted an ex-parte interim direction, as well as an interim stay of the order dated 17.03.2025. The complaint of the petitioners is that the respondent has deliberately violated the interim order granted by this Court on 16.06.2025 and even in the counter
The court ruled that mere delay does not equate to willful disobedience, emphasizing the need for intentional violation to establish contempt.
Failure to comply with a court order, even pending appeal without stay, constitutes contempt of court.
Contempt proceedings necessitate clear evidence of willful disobedience of court orders; mere allegations are insufficient.
The court must be satisfied beyond reasonable doubt that the contemnor has willfully, deliberately and intentionally violated the court's order. If the disobedience is the result of some compelling c....
The absence of existing vacancies negated the claim of willful disobedience necessary for a contempt finding under the Contempt of Courts Act, 1971.
Contempt - Appellant can be exonerated for contempt of court giving benefit of doubt as he tendered unconditional apologies sincerely for the delay in implementation of the order of the court with al....
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