Diego vs Amala Joshla - 2026 Supreme(Online)(Mad) 25451

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2026 Supreme(Online)(Mad) 25451

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, R.Poornima, JJ
Diego – Appellant
Versus
Amala Joshla – Respondent
Cont P(MD)No.1118 of 2025 in H.C.P(MD)No.1296 of 2024

Important Points

Contempt proceedings are not warranted where alternative remedies are available through appropriate legal forums.

Subject

Civil - Contempt of Court

Act Referred

Contempt of Courts Act: S.11
Protection of Women from Domestic Violence Act: S.2005

Headnote

In addressing a contempt petition under Section 11 of the Contempt of Courts Act, 1971, the Court noted the respondent's prior initiation of proceedings under the Protection of Women from Domestic Violence Act, 2005. The Court found that the parties could resolve their rights in that forum. Ultimately, the contempt petition was closed.

Advocates:
For the Appellants/Petitioners: Mr.P.Ganapathi Subramanian
For the Respondents: No Appearance

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Cont P(MD)No.1118 of 2025 in H.C.P(MD)No.1296 of 2024 Diego ... Petitioner /

3rd Respondent Vs.

Amala Joshla ... Contemnor /

Petitioner Prayer: Contempt Petition filed under Section 11 of Contempts of Courts Act, 1971 to punish the respondent and her mother Sasikala for his deliberate and willful disobedience of the terms of the affidavit filed before this Court in H.C.P(MD)No.1296 of 2024 dated 24.10.2024.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondent : No Appearance

ORDER

(Order of the Court was made by G.R.Swaminathan J.)

The learned counsel for the petitioner states that the respondent herein had already initiated proceedings under the Protection of Women from Domestic Violence Act, 2005 before the jurisdictional Magistrate Court. The parties can very well work out their rights before the said Court. This contempt petition stands closed.