The High Court dismissed a contempt petition filed under Article 226 and Section 10 of the Contempt of Courts Act, 1971. The court held that since execution proceedings were already pending before the execution court, no contempt order could be passed against the lower court.
The present contempt petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC-LKO:74581
Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3972 of 2023
Applicant :- Neha Mishra Opposite Party :- Saurabh Chaturvedi And Another Counsel for Applicant :- Mohan Singh,Govind Kumar Chourasia
Hon'ble Rajesh Singh Chauhan,J.
"Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
Learned counsel for the petitioner prays for the following reliefs :
"A.Respondent No.1 to execute application for recovery of maintenance, as contained in Annexure No.5 to this petition, filed in Crl. Appeal No.281 of 2019 (Saurabh Chaturvedi Vs. State of U.P. & anr.) under the Protection of Women from Domestic Violence Act, 2005, within a period of one month.
B. The Hon'ble High Court may be pleased enough to enforce the payment of the arrears of maintenance in the light of the law laid down in "Smt. Shail Petitioner Vs. Manoj Kumar and others Respondents", as reported in A.I.R.2004 SC 3210 - 2004) 4 SCC 785"
Learned counsel for the petitioner has submitted that to execute application for recovery of arrears of maintenance dated 28.01.2021 amounting to Rs.4,70,667/- within a period of one month. Thus, the prayer of the petitioner is an innocuous to decide the recovery proceedings against respondent no.1 within the time framed. On account of surge of
Covid - 19 pandemic, most of the district courts are not running smoothly.
So, in these circumstances, learned trial court is hereby directed to complete the recovery proceedings within a period of three months, if there is no legal impedement.
With these directions, the petition is, accordingly, disposed of."
" 126 . Striking off the defence of the respondent is an order which ought to be passed in the last resort, if the Courts find default to be wilful and contumacious, particularly to a dependant unemployed wife, and minor children. Contempt proceedings for wilful disobedience may be initiated before the appropriate Court."
liable to be executed, therefore, the High Court under Section 10 of the Contempt of Courts Act, 1971 may pass appropriate order executing the order of the Court. In the present case, for the sake of repetition, it is fact that the petitioner has already filed an application under Rule 6 (5) of the Rules, 2006 seeking execution of the order dated 03.01.2023.
[Rajesh Singh Chauhan,J.]
Order Date :- 9.11.2023 RBS/-
Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether contempt proceedings may be initiated against a court for delaying execution proceedings under Rule 6(5) of the Protection of Women from Domestic Violence Rules, 2006
Whether Section 10 of the Contempt of Courts Act, 1971 can be invoked when execution proceedings are pending before the execution court
Whether the High Court can pass an order under Section 10 of the Contempt of Courts Act, 1971 to execute an order of a court below
Colour shows how this judgement treated each authority
Rajnesh vs. Neha and AnotherRelied on¶18
re; Rajnesh vs. Neha and Another, (2021) 2 SCC 324 · Who else cites this
Smt. Shail Petitioner vs. Manoj Kumar and othersReferred¶10
Smt. Shail Petitioner Vs. Manoj Kumar and others Respondents, A.I.R.2004 SC 3210 - 2004) 4 SCC 785 · Who else cites this
2 provisions across 2 enactments
Neha Mishra
Rajesh Singh Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
