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Tanya   25 January 2018

Contempt of court laws in india/exparte divorce

Hi,

I wanted to know that what is the law of contempt of court ?My ex-husband had an agreement with me in court that he will take mutual divorce from me .We both signed in court for consent.But on 3rd January 2015 he took an ex parte divorce on the grounds of cruelty.I was not informed in any way by him or the court as I live overseas.

I just got to know that he got re married on 1st october 2017 .

 

I wanted to know If I can file a case against him for contempt of court?If yes,what are the possible charges be laid against him?

Since he has gone against the court orders -will he be fined for it?Also,Can I get refund of the litigation fees I again have to pay to the lawyer for the same?

 



Learning

 6 Replies

Vijay Raj Mahajan (Advocate)     25 January 2018

The Contempt of which court? Was the undertaking given or agreement done in Indian court in any court proceedings on which the court made an order on the basis of that agreement? If yes, than the Civil Contempt committed by your ex-husband can be pleaded and compensation for financial losses incurred to you can be claimed.

 

In case there was simple agreement entered between both of you, the agreement printed out on some non-judicial stamp paper, got notarized or even registered with Sub-registrar, than there is no contempt of any court.

Even otherwise the breaking of any agreement between parties can be financial compensated in case one of the party suffered any losses by the act of the other party. This can be called as civil wrong or the tortuous wrong open for civil suit of damages that you can always file against the ex-husband claiming all the damages and cost from him.

Sachin (N.A)     25 January 2018

Your husband to his lawyer:

 

N.K.Assumi (Advocate)     26 January 2018

Sachin, very nice message.

Tanya   02 February 2018

There was an agreement in court(4th December 2014) under a judicial court proceeding.As per the agreement, I was supposed to withdraw all the cases and it was clearly mentioned that my ex-husband will convert the divorce petition on the ground of cruelty to mutual divorce.However,he went on the and took and ex parte divorce on 3rd Jan 2015 .Court gave straight away ex parte divorce by not even giving one more date.I did not take any action then and there as my brother was in death bed and I am an NRI,so cannot travel so often with my child.

Now I don't know what happened on the court -to me it seems that he did not even show the agreement papers to the court and took ex parte.My question is 

1-Since its now almost 3 years .Can I still file contempt of court?Showing the circumstances evidence like I could not travel back to file a case?

2-Can I ask the court to set aside the divorce case on the basis of fraud he has done of suppressing the agreement documents?

 

Please guide.

Tanya   02 February 2018

There was an agreement in court(4th December 2014) under a judicial court proceeding.As per the agreement, I was supposed to withdraw all the cases and it was clearly mentioned that my ex-husband will convert the divorce petition on the ground of cruelty to mutual divorce.However,he went on the and took and ex parte divorce on 3rd Jan 2015 .Court gave straight away ex parte divorce by not even giving one more date.I did not take any action then and there as my brother was in death bed and I am an NRI,so cannot travel so often with my child.

Now I don't know what happened on the court -to me it seems that he did not even show the agreement papers to the court and took ex parte.My question is 

1-Since its now almost 3 years .Can I still file contempt of court?Showing the circumstances evidence like I could not travel back to file a case?

2-Can I ask the court to set aside the divorce case on the basis of fraud he has done of suppressing the agreement documents?

 

Please guide.

Vijay Raj Mahajan (Advocate)     02 February 2018

There are cases where ex-parte order was set aside after many years if the respondent was able to give grounds for the delay and the court held the grounds given as reasonable and fit for set aside ex-parte order.

The Contempt of court is if the party has disobeyed the court order, in this case the agreement was during the court proceedings, was this done in the court before the presiding judge of the Family Court, was there mention of this agreement in the court order, if yes there was mention of the agreement in court order and even after that the petitioner withdrew from the agreement and his act was sufficient to hold him guilty of contempt of court than the action can be initiated against him for contempt of court not otherwise.

All this requires a detailed case discussion which cannot be done like this in open forum like this.


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