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Originally posted by :KNK A Learner |
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An analysis of SC Judgment in case of RK Jain - What is Contempt of Court
The Apex Court has quoted - UNDER the cover of freedom of expression no party can be given a licence to misrepresent the proceedings and orders of the Court and deliberately paint an absolutely wrong and in complete picture which has the tendency to scandalize the court and bring to disrepute or ridicule
If some one files baseless allegations in Domestic Violence or in 498A claiming Huge Money, where there is no proof for their claim.
Is it not a Contempt of Court according to the Above Citation?
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Sir,
Actually, false claims in matrimonial cases are not covered under contempt of court unfortunately. It is mainly about not obeying court order or openly criticizing some court. The above citation is not about this kind of situation at all. Still, if you can thoroughly prove that the allegations are false, you can file it under "perjury" instead, and not contempt of court. if you wish, you allege in your perjury proceedings that giving such wrong allegations in court and wasting the court time is CONTEMPT OF COURT.
So, in short, even if the allegations are false and still the accused are being harassed, stil they should not try to say anything about the court!
So, better file that in perjury if you can prove it and claim in the perjury application that this conduct is CONTEMPT OF COURT as well..you will need a good advocate to handle this.
