contempt of supreme court
Udit
(Querist) 13 May 2015
This query is : Resolved
Sir,
I filed a case u/s 13 of hindu marriage act for grant of divorce in 2009, the case no. Of which was 159/2009. The court granted ex-parte divorce in February, 2013 after following the due process of law. in December, 2013 my wife filed an application under rule 9 order 13 of CPC for setting aside the ex-parte decree and restore the case. Of Which the number was miscellaneous application no. 63/2013. Later on in july 2014 my wife went to supreme court for the transfer of case no. 159/2009 to her place and supreme court stayed the proceedings of case no. 159/2009 till the hearing is done. On 22nd july 2014 stay of case number 159/2009 submitted to family court and family court stayed the proceedings of miscellaneous application no. 63/2013 and mentioned it in its order sheet and stop the proceedings without giving any further date. On 16 september, 2014 the lawyer of my wife made him understand that the supreme court has stayed the proceedings of case no. 159/2009 and not the proceedings miscellaneous application no. 63/2013. None of the party came in the family court after 22nd july,2014. And on 18 November, 2014 the family court allowed the application and restored the case no. 159/2009 while none of the party was present. While the final judgment was given by the supreme court on 1st December, 2014 and it transfer the case to her place.
when today on 15th may,2015 I appeared in the first date of the case in the court of thr civil judge , where the case was transferred by the supreme court and submitted my objection to application no. 63/2013 i was told by the civil judge that the case has been restored and the application has been allowed by the earlier family court judge.
My question is that is this act of family court amounts to contempt of supreme court and while the proceedings were stayed by the family court itself shouldn't it had issued notices to both the parties before making an order. And while the party who made the application was not herself present should the family court have not dismissed the application?
What remedy is available to me now against such order of the family court.
P. Venu
(Expert) 14 May 2015
It is normal that the ex-parte order has been set aside and matter restored and that it has been transferred to the Court as requested by the wife.
Meet the wife's contentions on merits. It would only be a waste to pursue the alleged contempt.
Udit
(Querist) 14 May 2015
I wanna know is it not the contempt of supreme court.
Guest
(Expert) 14 May 2015
Mr. Udit,
The facts are jumbled in your dewcription. To arrive at some definite opinion the order of the SC is necessary to be gone through for analysis.
However, what is the opinion of your own lawyer, who would have gone through the order of the SC?
Further, for your information, as you said, "when today on 15th may,2015 I appeared in the first date of the case in the court of thr civil judge," date 15th MAY has yet to happen only on tomorrow, while your post belongs to yesterday, the 13th May, 2015. What you want to say about it?
Rajendra K Goyal
(Expert) 14 May 2015
Consult your lawyer and show him full case file and orders.
Udit
(Querist) 14 May 2015
I m sorry sir, it is 13 May, 2015
Dr J C Vashista
(Expert) 15 May 2015
Prima facie it is a vague query and confused author.
The case cannot be restored under "Rule 9 Order XIII CPC" as mentioned by you, check with your lawyer.
What were the proceedings going on in an ex-parte decided case, wherein stay was granted by Supreme Court and subsequently Family Court?
Where ever family court is functioning the case will be transferred to that court and not Civil Court, as a matter of policy.
What is the opinion and advise of your lawyer?
Udit
(Querist) 15 May 2015
Sorry, it is order IX rule 13 and the case was transferred to the civil court senior division since the family court was not set up at that newly formed district.
My lawyer says that even the stay was not for the misc. App. No. 63/2013 but the said application was submitted in the case no. 159/2009 and since the family court itself stayed the proceedings on the basis of the SC stay, in such a case if the family court had to again start the proceedings it must have summoned me again. And he says it amounts to contempt of SC since the family court allowed the application and it effected the order and cancelled the order of case no. 159/2009, the proceedings of which was stayed by SC.
Sir please suggest something. I need your help.
Udit
(Querist) 15 May 2015
Sir please tell me can i file for contempt of SC in the supreme court
Guest
(Expert) 15 May 2015
Why not try to file with the help of your own lawyer in the case?
T. Kalaiselvan, Advocate
(Expert) 15 May 2015
I dont think there is any act of contempt of court is present in your case. The information provided by you is not convincing, hence better cling to your own lawyer's advise.
