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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
ROSIE SAM – Appellant
Versus
SAM JOSEPH – Respondent
| Table of Content |
|---|
| 1. allegations of contempt due to non-compliance with court order. (Para 1 , 2) |
| 2. counter affidavit indicates willingness to comply but disputes on specifics. (Para 3 , 4) |
| 3. definition of civil contempt under relevant act. (Para 5) |
| 4. court questions the use of contempt jurisdiction given alternative remedies. (Para 6) |
| 5. judicial caution against misuse of contempt jurisdiction. (Para 7) |
JUDGMENT
The above contempt of court case is filed alleging non-
compliance and wilful breach of an undertaking given by the respondent in the judgment dated 13.03.2024 of the Family Court, Ernakulam, in O.P.No.230/2024.
2. The specific case of the petitioner is that in O.P.No.230/2024, a settlement was arrived at, including maintenance and rights over the property as follows:
“i. The first petitioner shall pay a sum of Rs. 1,00,000,00/- (rupees one crore) to the 2nd petitioner towards full and final settlement of all her claims including maintenance and compensation.
ii. The 2nd petitioner has got the attachment as per order in IA No. 3548/2013 in O.P No. 1857/2013 prevailing over the properties of the first petitioner in Sy. No. 674/1, lifted for enabling its sale. Immediately after the i
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