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2008 Supreme(P&H) 888

M.M.KUMAR, SABINA
Jasbir Kaur – Appellant
Versus
Kuljit Singh – Respondent


Judgment

M.M.KUMAR, J.

1. On account of their significance and frequent presence in a large number of cases the following two questions of law have been referred to this Bench for authoritative opinion:-

"1. Whether performance of a marriage after filing of appeal, an unlawful act in terms of Section 15 of the Hindu Marriage Act, 1955 , amounts to wilful disobedience to the "other process of the Court" disclosing a civil contempt within the meaning of Section 2(b) of the Act?

2. Whether the act of marriage by the respondent after the filing of the appeal interferes or obstructs the administration of justice and thereby amounts to a criminal contempt within the meaning of Section 2(c) of the Act?"

2. The aforementioned questions are required to be examined in the light of the facts which are evident from the reference order dated 29.8.2007. Smt. Jasbir Kaur has filed the instant petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 (for brevity, the Act), alleging disobedience of order dated 19.9.2003 (P-1) passed by this Court in F.A.O. No. 211-M of 2003. The pe-titioner-Smt. Jasbir Kaur has filed the appeal (FAO No. 211-M of 2003) assailing the order and decree of d







































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