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CONT P No. 1964 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-01-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE

CONT P No. 1964 of 2024

Sivasankari

..Petitioner

Vs

Paranitharan

..Contemnor

Prayer in CONT P No. 1964 of 2024: Contempt Petition filed under Section 11

of the Contempt of Courts Act, 1971 to punish the respondent for wilful

disobedience of the order passed by this Hon'ble Court dated 20.01.2020 made

in the above Tr.C.M.P. No.376 of 2019 on the basis of Joint Compromise memo

dated 20.01.2020 entered between the petitioner and respondent.

For Petitioner: Ms.Anita P Jason

For Contemnor: Mr.P.Veeraraghavan

ORDER

Heard.

2. The petitioner has filed the present contempt petition invoking Section

11 of the Contempt of Courts Act, 1971, alleging wilful disobedience of the

order dated 20.01.2020 passed in Tr.C.M.P.No.376 of 2019, which was

disposed of on the basis of a Joint Compromise Memo dated 20.01.2020.

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CONT P No. 1964 of 2024

3. Under the said order, the marriage between the parties stood dissolved

in terms of the compromise. One of the terms recorded therein is that the

respondent shall hand over the petitioner’s jewels on or before 31.01.2020,

besides other obligations relating to fixed deposits in the names of the children

and payment of educational expenses/tuition fees.

4. The alleged act of disobedience, even as per the petitioner’s own

showing, pertains to non-compliance of the compromise terms on or before

31.01.2020. The contempt petition has, however, been instituted only in the

year 2024, i.e., long after the alleged default. It is noticed that in view of Section

20 of the Contempt of Courts Act, 1971 this petition appears to be barred by

limitation, however the there is no issue raised regarding limitation before this

Court.

5. Further, contempt jurisdiction is not intended to operate as a substitute

for execution or as a forum to work out private rights flowing from compromise

terms. Contempt is attracted only where there is a clear and unequivocal

command of the Court and demonstrable wilful disobedience; it cannot be

invoked to adjudicate disputed compliance or enforce inter se obligations

requiring factual enquiry.

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CONT P No. 1964 of 2024

6. The decision relied upon by the petitioner in-re Praveen Singh

Ramakant Bhadauriya v. Neelam Praveen Singh Bhadauriya, [Civil Appeal

No.4541 of 2019] is clearly distinguishable. In the said case the Hon’ble

Supreme Court dissolved the marriage by exercising extraordinary powers

under Article 142, incorporated compromise terms into its judgment, and

expressly observed that non-compliance would entail contempt of the Supreme

Court. The present matter, however, concerns enforcement of compromise

obligations recorded in a transfer petition order, with disputed compliance and

remedies that lie in the realm of enforcement proceedings. Hence, the said

authority does not govern the maintainability of the present contempt petition.

7. At the same time, it requires to be clarified that the compromise order

emanates from this Court in proceedings under Section 24 CPC, and not from a

decree passed by a Family Court in exercise of original jurisdiction. If at all the

compromise terms are to be worked out by way of execution, the decree/order

would have to be drawn up in this Court and execution, if maintainable, would

lie only before the appropriate executing forum in accordance with law.

8. The petitioner’s grievance essentially seeks implementation of

compromise obligations relating to jewels, fixed deposits and tuition fees. The

compromise terms regarding tuition fees are expressly conditioned upon receipt

of “authenticated intimation” from the concerned institution; and the

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CONT P No. 1964 of 2024

compromise its