Contempt of court

I have asked this query for Civil contempt.

1. Please, jahapanah kindly do not throw on us such hypothetical queries to spend ages in making “just” the reply.

2. Be specific with more facts next time otherwise I will be forced to throw in here one of those college days Height of Innocence Joke for your entertainment….entertainment….entertainment..

Tips: Think 10 times the question you wants replies from us - re-phrase what you finally thought and then show it the ink and not like your brief here in this thread for @ Lord's sake. 

jahapanah..tussi great ho..tohfa kabul karein!!

ok sir..here it is.. Court has passed the visitation order sec 21 of DV act..and asked the applicant to give her present address details in the court on or before the next date which was after one week on 29/10...I got to see the order copy on 29/10 and it is written in order also to give the address details..I also asked the judge that the applicant was supposed to give the details...but her lawyer submit the applicatoin that they want one month time stay on order and meanwhile they will appeal in apellete court for stay and to challenge the order...so that are not submitting the address details....court has asked my say on their application for one month grant...but no order passed on it yet...

so i know that they will not arrange the visitation on scheduled date and address is also not shared...I am planning to file the contempt of court application for above said two things ( addressa and no visitation).

hope it is clear now..

Well to begin with Nawabi shaukh nahi pala hai public ke saath !!!
Translation: Don’t take clients to lunch J 

Above being material once interim Orders passed same ld. Court cannot grant Stay of its own Order! How strange you or your advocate did not point this out then and there. Same Court cannot ask defendant / husband to “say” on stay which is again strange ritual of the Court. It is simply non-maintainable and heavy Cost would have pressed then and there for dialectic tactics beyond statutory practice and procedures of trial Court in instance facts. If Court did not pass any further Order after their alleged misconceived Application for Stay and you and your sides silence on your ‘say” that means the interim order of even date is live for all material practical purposes to follow by both parties!

Now two options if order was of 29-10-2012 within 7 days to be abided by parties;

1.  On 7^th. day file Execution petition
Advantage: Good material created and same can be transported straight to Sessions Court which they say they may approach and thus their Sessions case may even get dismissed at admission stage if you or your advocate is persuasive enough.
Disadvantage: You tell us now J

2. On 7^th. day file Contempt of Court but for the same Notice to be served and an earlier hearing date to be taken only if usual granted hearing date falls after 7^th. day from 29-10-2012 r/w granted visitation date so that visitation order subsists.
Advantage: More or less same as above advantage.
Disadvantage: Contempt Application should fulfill three basic ingredients which in one of my old messages I described, dig it to discover yourself.

So pick your poison now what shall you do, since Law is art.

Take a legal comment sportingly from me now; you are not a vigilant litigant. You should have stopped entire DV proceedings if complaints Memo is not up-to-date instead of showing greediness to visitation which is practical live illustration of Newton’s Third Law of Motions happed here J

[Last reply]

PS: So you got visitation in DV The Act, 2005

thanks tajobsindia for detailed reply..

Take a legal comment sportingly from me now; you are not a vigilant litigant. You should have stopped entire DV proceedings if complaints Memo is not up-to-date instead of showing greediness to visitation which is practical live illustration ofNewton’s Third Law of Motions happed here J

even i was not knowing when the DIR was submitted in the court..as per date given in DIR it was submitted somewhere in march but i noticed last month only in the court records of my case. so i was not enjoying the litigation intentionally.

Hello Members,

I want to know if the contempt of court petition filed in J.M.F.C court should file under 345 Cr.P.C or Contempt Of Courts Act 1971. someone told me that petition under Contempt Of Courts Act 1971 can be filed in High court or Supreme court only.

Please clear my understanding.

Thanks

one more query...if the passed order is in appeal time limit...in that time will it be considered as cotempt of court if the other party doesn't obey the orders...and does the appeal team of 30 days is including the diwali holdiays or it is excluding?

Thanks.