Civil contempt requires demonstrated willful disobedience of a court order, which was not established in this case.

Judgment

16/05/2025

1. Alleging non compliance of interim order dated

11.10.2018 passed by this court, the Petitioner has filed this contempt Petition with a prayer to punish the Respondents for committing contempt of Court.

2. Counsel for the Petitioner submits that learned Family Court no. 1, Jaipur passed judgment and decree dated 17.03.2018, whereby while granting decree of divorce in favour of the Respondent, marriage of Petitioner-wife and Respondent- husband solemnized on 27.11.2004 has been dissolved. Feeling aggrieved by the aforementioned judgment and decree dated

17.03.2018, the Petitioner filed D.B. Civil Misc. Appeal no. 1880/2018 before this court on 05.04.2018 within the limitation prescribed under Section 28 of the Hindu Marriage Act, 1955.

3. Learned Counsel has further indicated that this Court admitted the above Appeal no. 1880/2018 vide order dated 02.05.2018 and called for the record of Family Court. However, the Petitioner received one letter dated 31.08.2018 from the Employer of the Respondent-Husband, mentioning therein that her husband had informed the Employer regarding dissolution of their marriage vide judgment and decree dated 17.03.2018 and accordingly, the Petitioner was asked to confirm the same. In response to above letter, the Petitioner submitted her reply on 22.09.2018 mentioning therein that since the petitioner has already filed appeal no. 1880/2018 before this Court within limitation, hence in view of Section 15 of the Act of 1955, the Decree dated 17.03.2018 stood automatically in abeyance and was not in operation.

4. Learned Counsel for the Petitioner has drawn our attention to the fact that thereafter the Petitioner filed one Second Stay Application in Appeal no. 1880/2018, on which this Court issued notice on 11.10.2018 and also passed an ex-parte interim order to stay operation of judgment dated 17.03.2018 passed by the Family Court, Jaipur.

5. Learned Counsel for the Petitioner further submits that Notices of the Appeal and Stay Application were received by the Respondent on 17.11.2018 and thereafter, on 04.01.2019 in presence of Counsel for the Respondent, while referring the dispute between the parties to be resolved through mediation, the ex-parte interim order passed on 11.10.2018 was confirmed by this Court.

6. Learned Counsel for the petitioner further informed the court that thereafter one application for vacation of above stay order was received by the Counsel for the petitioner through Email dated 20.04.2021, whereby the above stay order dated 11.10.2018 further confirmed on 17.11.2018 was prayed to be vacated. In above Stay Vacation Application, it was mentioned by the Respondent that after the aforesaid decree of divorce dated 17.03.2018 and much before issuance of notice on Second Stay application and grant of Stay order dated 11.10.2018, he had already performed Second marriage. Therefore, Stay order dated 11.10.2018, further confirmed on 04.01.2019, was of no consequence and effect; except causing hindrance in his way for getting the name of her second wife recorded in the records of his Employer.

7. Learned Counsel for the Petitioner further submits that only on receiving copy of stay vacation application, the Petitioner could learn about Second marriage performed by the Respondent. Learned Counsel vehemently submits that that such act of conducting Second Marriage by the Respondent is in utter disregard of this court’s interim order dated 11.10.2018 further confirmed on 04.01.2019 and amounts to contempt of court,