Contempt of Court
Vaseem
(Querist) 20 July 2011
This query is : Resolved
Sir/Madam,
I am a Muslim Govt employ ,I was married to a Muslim Govt employ lady in oct,2007 ,but the lady was arrogant from the day one, final I posted Divorse to her in Nov,2009, which she refused to accept. Now in the oct,2010 she filled a case for Restitution of Conjugal right, & in same month just after a week from filling of RCR she filed 498-A & 406 case against me & against my whole family in Women police station, which final culminated into challan in CJM Court in the month of Dec,2010 & the challan was filled against me only .During the poIice investigation I & my whole family were on bail, we applied in High court for Quashment of FIR ,which later was withdrawn by my advocate after challan was submitted in CJM Court. The Case is in CJM Court is for discussion to see weather the charge is to be framed or not. Moreover the Lady has also filled Crpc 488 for baby as she her self is a Govt empoly, which I accepted & case was disposed off on the same day, with an order of Rs 2000/Pm as maintenance of the baby, which the lady refused to accept. The lady has filed revision petition for Crpc 488 of baby in Feb,2011,which was refused by Hon’ble COurt. The Lady has also filed complain against me & my whole family in State Human rights commission & womens commission which are word by word same. The lady has also filed an application in High Court for Transfer 498-A & 406 in her jurisdiction.
Your good self is requested to kindly advise me how to handle all these case like 498A & 406,and at the same time can I apply for quashment of challan or charge sheet if framed.
IN RCR the lady has prayed for Status Quo for my Second Marriage,which she was given,But I got married,My Question is it a valid court order to issue Status Quo for a Muslim, can Court restrict Muslim Male for Second marriage,Any Judjement in either way
Raj Kumar Makkad
(Expert) 21 July 2011
I think you have misunderstood the meaning of status quo. It only means whatever is going on the day of passing the order shall run till the disposal of the case. As you have performed your second marriage so no restriction to enjoy your second happy married life. This satus-quo is actually against your first wife in the given facts. You shall have to defend your cases vigorously, effectively and constantly with the advice of your lawyers.
Vaseem
(Querist) 23 July 2011
Sir,
They have applied for Contempt of Court against me. Is it applicable against me ?
Ajay Bansal
(Expert) 25 July 2011
Though the court should have not issued a status-quo order for your marrige as you are a Muslim,still if it has been issued then you were bound to obey it,otherwise you have come under purview of contempt of court act.
