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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Contempt Pet. No. 75/2022

Alipka @ Lokesh W/o Vikaram Singh, Aged About 32 Years, D/o

Shri Rajaram, B/c Jat R/o Presently Residing At Village

Mainakheda Tehsil Ellenabad District Sirsa (Haryana)

----Petitioner

Versus

Vikaram Singh S/o Mahendra Singh, Aged About 33 Years, By

Caste Jat, Ward No. 29, Hanumangarh Town, District

Hanumangarh. (Raj.)

----Respondent

For Petitioner(s)

:

Mr. Baltej Singh.

For Respondent(s)

:

Mr. Harish Kumar Purohit.

HON'BLE MR. JUSTICE ARUN BHANSALI

HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

07/10/2023

1.

This petition under Section 12 of the Contempt of Courts Act,

1971 (‘the Act, 1971’) has been filed by the petitioner with the

prayer that the respondent be punished for wilful disobedience of

this Court’s order dated 19/2/2020.

2.

The present petition with the above prayer arises in the

circumstances, wherein, the respondent filed a petition under

Section 13(1)(ia) of the Hindu Marriage Act, 1955 (‘the Act, 1955’)

for dissolution of marriage solemnized between the respondent

and the petitioner before the Family Court, Hanumangarh, which

petition came to be accepted by the said Court by its judgment

and decree dated 15/1/2020, whereby, the marriage between the

parties was ordered to be dissolved.

3.

Against the judgment and decree dated 15/1/2022, the

petitioner filed D.B.Civil Misc. Appeal No. 326/2020 before this

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Court on 24/1/2020. Along with the appeal, D.B.Civil Misc. Stay

Application No. 342/2020 was also filed inter alia with the prayer

that during the pendency of the appeal, effect and operation of

the decree dated 15/1/2020 may be stayed till final disposal of the

appeal and the respondent be directed to maintain status quo.

4.

When the appeal came up for admission before a coordinate

bench of this Court on 19/2/2020, the appeal was ordered to be

admitted. Notices were ordered to be issued to the respondent

and record was summoned. Whereafter, by observing that in view

of admission of the appeal and the provisions of Section 15 of the

Act, 1955 no order was required to be passed on the stay

application, the stay application was dismissed. After service of

notice of appeal on the respondent, Vakalatnama on his behalf

was filed on 22/7/2020.

5.

It is alleged in the petition that despite being aware of the

fact that the appeal is pending consideration before this Court and

order dated 19/2/2020 has been passed keeping in view the

provisions of Section 15 of the Act, 1955, the respondent

solemnized marriage on 19/10/2021 with one Ms. Koushalya D/o

Ranveer Poonia, R/o District Hanumangarh. Whereafter,

submissions have been made that said Smt. Koushalya lodged an

FIR against the respondent alleging offence under Sections 498A,

494 and 120B IPC, wherein, charge sheet was filed against the

respondent after verifying the fact of his marriage with said Smt.

Koushalya on 19/10/2021.

6.

Based on the above, it is alleged that the respondent willfully

disobeyed/flouted the order of this Court by solemnizing marriage

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on 19/10/2021 with Smt. Koushalya only with a view to frustrate

the pending appeal and, therefore, he be punished.

7.

By order dated 19/12/2022, a coordinate bench of this Court

directed issuance of notice of present contempt petition to the

respondent.

8.

A reply to the petition has been filed with the submissions

that the respondent holds this Court in highest esteem and has

not done anything directly or indirectly which may be termed as

having committed contempt of the orders passed by this Court.

Further, submissions have been made that in case this Court

reaches to the conclusion that inadvertently the bonafide action of

the respondent constitutes contempt, he tenders unconditional

apology for the same.

9.