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Case of contempt

Hi experts,

Wife has filed a petition xxxx/2013, with incorrect address and the magistrate returned the petition to file it with correct address.

This week, she has filed the same petition and it was accepted with the same address. Surprisingly with the same file no. xxxxx/2013.

Below are my 2 questions.

1. Wouldn't it be a CONTEMPT of court since the petition is filed with the same incorrect address?

2. How can the file be marked with same file no xxx/2013, when it is actually accepted in 2014?

Awaiting replies....

Thanks in advance :)

Rama Krishna.

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2 Replies

Tajobsindia (Senior Partner ) 21 August 2014

1. It is not Contempt of Court (civil). The three basics of civil Contempt are not fulfilled bare reading of your brief.

2. Court registry can mark suit matter after correction with same Court ID number(s).

3. BTW, if you are one party and aware of 'mistake' then accept the Court Notice and file 'preliminary objection' before replying to her Petition suit matter and unless your objections are removed to satisfaction the case will not inch further ! Why make proceedings more complicated thinking of Court is doing something wrong to perjury to contempt of court to what not fancy words !

[Last reply]

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T. Kalaiselvan, Advocate (Advocate) 25 August 2014

Rightly observed by Mr. TajobsIndia. If you feel that there is some error in the acceptance of the case to file, you may petition the court to record your preliminary objections to the suit, let the court to decide on your objections and then think of further action on it.

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