The applicant filed a contempt application alleging willful disobedience against a transfer order. The court held that no willful disobedience could be imputed as the receiving court had no knowledge of the order due to lack of record restoration and notice.
Application dismissed. No willful disobedience or non-compliance imputed.
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Neutral Citation No. - 2024:AHC:135682
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5478 of 2024
Applicant :- Smt Arpita Srivastava Opposite Party :- Rajeshwar Shukla Counsel for Applicant :- Chandra Prakash Srivastava,Govind Lal Srivastava
Hon'ble Salil Kumar Rai,J.
The present contempt application has been filed pleading willful disobedience of the order dated 30.11.2023 passed by this Court in Transfer Application (Civil) No. 15 of 2023 whereby this Court had transferred Case No. 1617 of 2022 from the Principal Judge, Family Court, Gorakhpur to Principal Judge, Family Court, Varanasi.
It has been stated by the applicant in the affidavit filed in support of the contempt application that a copy of the order was sent by registered post to the Family Court, Gorakhpur.
There is nothing on record to indicate that the order was restored in the records of the case by the concerned clerk. There is nothing on record to show knowledge of the aforesaid order to the Principal Judge, Family Court, Gorakhpur.
In absence of any information or knowledge to the Principal Judge, Family Court, Gorakhpur of the order passed by this Court, no willful disobedience or non-compliance of the order passed by this Court can be imputed to the Principal Judge, Family Court, Gorakhpur.
The application is dismissed.
Order Date :- 23.8.2024 Anurag/-
Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether there was willful disobedience of an order transferring a matrimonial case when there is no evidence of notice to the receiving court.
Smt Arpita Srivastava
Salil Kumar Rai J.
Anurag Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
