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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
| Table of Content |
|---|
| 1. jurisdiction and proceedings initiation. (Para 1 , 2) |
| 2. allegations of contempt by petitioners. (Para 3 , 4) |
| 3. respondent's defense against contempt allegations. (Para 5 , 6) |
| 4. admitted violation, but non-willful. (Para 9 , 11) |
| 5. acceptance of unconditional apology. (Para 12 , 13 , 14 , 15) |
| 6. closure of the contempt petition. (Para 16) |
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 b
The court ruled that mere delay does not equate to willful disobedience, emphasizing the need for intentional violation to establish contempt.
No wilful disobedience if court order passed after issuance but before communication to respondents.
Contempt petition closed upon noting formal rejection of representation, allowing challenge through legal remedies.
Compliance with court order via referral to judicial authority closes contempt proceedings.
Contempt petition closed upon respondents demonstrating compliance with prior court order.
Compliance with court order via referral to appropriate forum closes contempt proceedings.
Failure to comply with a court order, even pending appeal without stay, constitutes contempt of court.
Failure to comply with an interim order must be deliberate for civil contempt; mere procedural compliance suffices to dismiss claims of willful disobedience.
Contempt proceedings necessitate clear evidence of willful disobedience of court orders; mere allegations are insufficient.
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