Contempt of court- who can file
sushmita
(Querist) 14 April 2013
This query is : Resolved
SC passed Divorce decree without knowing second marriage done by husband. This fact was intentionally kept back by husband. Does this mean contempt of SC?
Can third party -i.e. not husband or wife or relation in this case- file application for contempt of court of SC?
R.K Nanda
(Expert) 14 April 2013
state facts clearly.
Anirudh
(Expert) 14 April 2013
If the fact was known to the wife, then she should have brought it to the notice of the SC. Having not done so, one cannot complain now.
In any case, there is no contempt. Even assuming there was any contempt, only the affected party, in this case, the wife has to prefer the same and not anybody else.
Devajyoti Barman
(Expert) 14 April 2013
This is not contempt of court. If you were a party to the proceeding, you can file petition u/s 340 crpc.
Raj Kumar Makkad
(Expert) 14 April 2013
Obtaining a decree from court by playing a fraud gives right to every one to initiate criminal case against the accused/husband and a FIR even can be filed against him by invoking section 190 of criminal procedure code or section 340 proceeding can also be initiated though the matter of divorce is required to be challenged only by affected wife.
Adv k . mahesh
(Expert) 15 April 2013
now affected party can file against the husband that he had not disclosed the facts to the case
