Can contempt notice issued on a false application of applicant ?
Pushkar Damle
(Querist) 02 October 2011
This query is : Resolved
Custody Petition is been filed in the court of District Judge in Maharashtra and the Opponent is poor who can not hire advocate, she is being harassed by her Husband and in that particular matter husband moved contempt petition on false grounds to which she replied by filing her WS, again after two months with another false grounds her husband has moved contempt petition and she has to again file her say for no fault of her the question is for sake of argument if some interim order came to be passed in that matter and fraudulently her husband by playing fraud on court moved such application again then
1..... can that court should take cognizance
2...... whether law of contempt allow the lower courts to decide ex-parte?
3....... whether violation of interim order comes under law of contempt as that order is not final order
please give the citations if possible to help the poor lady who is victim of the wrongs of her husband
prabhakar singh
(Expert) 03 October 2011
If she can not afford a lawyer she is advised to approach legal cell of the court.
1]If her husband is taking ride on her innocence,then if court is properly informed and addressed his heads may go in soup.
2]In any proceeding initiated by a court it first send notice to opposite party/contemn er and if despite service the opposite party does not turn up the court is left with no option but to proceed and decide exparte.
3]To resolve disputes we have judicial system,then any order passed by court needs to be respected and obeyed to run the system smoothly so that faith of public at large remains in the system and to achieve this end courts are empowered to to take note of those who does not obey its orders.
