Disposed¶17

Uditi Wadhwa Suri v. Abhishek Suri & Ors.

Delhi HC7 May 2025CONT.CAS(C)/1735/2023

Case brief

AI extract

What is this about?

Contempt petition (civil) before Delhi High Court, Justice Anish Dayal, decided 07.05.2025. Keywords: contempt of court; wilful disobedience; CONT.CAS(C) 1735/2023; Uditi Wadhwa Suri v. Abhishek Suri & Ors.; MM Mahila Court South-East Saket; Ct. Case 2165 of 2023; order dated 18.10.2023; stay order dated 21.10.2023; Annexure P-6; ASJ judgment dated 13.12.2023; restraint from shared household/premise N-26, GK-1, New Delhi; consent order in CRL.MC.1415/2024 dated 19.03.2024; suitable accommodation; contempt lies between Court and respondent; no necessity of coercive orders; contempt petition cannot subsist; petition disposed; liberty to revive on continued infraction.

What did the court decide?

Petition disposed of, with liberty given to counsel for petitioner to revive the petition in case of continued infraction. ¶17

Uditi Wadhwa Suri Vs Abhishek Suri & Ors. — Contempt of Court | Delhi HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of, with liberty given to counsel for petitioner to revive the petition in case of continued infraction.

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Issue for consideration

Whether the contempt petition alleging wilful disobedience of the MM (Mahila Court), South-East, Saket Court order dated 18.10.2023 in Ct. Case 2165 of 2023 warranted coercive contempt action, given that the said order was stayed on 21.10.2023 and subsequent judgments/orders (ASJ judgment 13.12.2023; consent order in CRL.MC.1415/2024 dated 19.03.2024) had intervened.

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Court's answer

The Court opined that counsel's assertion of continuing to press contempt for the period 18th to 21st October 2023, despite the stay granted on 21st October 2023, was unmerited and disproportionate.

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Ratio / Principle

Contempt lies between the Court and the respondent (contemnor), not inter se the parties; the Court saw no necessity of passing coercive orders and therefore concluded that the contempt petition cannot subsist.

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Key takeaways

As an ancillary measure accompanying the disposal, liberty was given to counsel for the petitioner to revive the contempt petition in case there is continued infraction.obiter¶18

Detailed headnote1 paragraphs

High Court of Delhi (Justice Anish Dayal), CONT.CAS(C) 1735/2023 (CM APPL. 21372/2024), decided 07.05.2025: Contempt petition by Uditi Wadhwa Suri alleging wilful disobedience of the order dated 18.10.2023 of the MM (Mahila Court), South-East, Saket Court in Ct. Case 2165 of 2023. From the reply of respondent nos. 2-4, the Court noted that (i) the very order complained of had been stayed on 21.10.2023 (Annexure P-6); (ii) by judgment dated 13.12.2023 the ASJ had finally restrained the petitioner/wife in toto from entering or staying in the shared household/premise at N-26, GK-1, New Delhi, with other directions; and (iii) a consent order dated 19.03.2024 in CRL.MC.1415/2024 had recorded the parties' consent on suitable accommodation. Counsel pressed contempt only for the 18-21 October 2023 window before the stay. Holding such assertion unmerited and disproportionate, that contempt lies between the Court and the respondent, that no coercive orders were necessary, and that the contempt petition cannot subsist, the Court disposed of the petition with liberty to revive it upon continued infraction.

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$~31

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CONT.CAS(C) 1735/2023 CM APPL. 21372/2024 UDITI WADHWA SURI .....Petitioner

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Through: Mohd. Faiz, Adv. (through VC)

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versus

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ABHISHEK SURI & ORS. .....Respondents Through: Mr. Rahul Kumar/R-1. Ms. Bahuli Sharma, Ms. Amrita Jhamb, Advs. for R-2 to R-4.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 07.05.2025

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This petition has been filed alleging wilful disobedience of order dated 18^th October 2023 passed by the MM (Mahila Court), South-East, Saket Court in Ct. Case 2165 of 2023 .

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However, it is noted from the records and reply filed by respondent nos.2-4 that the said was stayed by order dated 21^st October 2023 which forms part of Annexure P-6 of the petition. Despite this, the petition was moved.

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Additionally, from the reply of respondent nos.2-4, it is also noted that a Judgment dated 13^th December 2023 was passed by the ASJ finally restraining the petitioner/wife in toto from entering or staying in the shared household/premise at N-26, GK-1, New Delhi and other directions were also passed.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:36:21

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Yet another order was passed by this Court on 19^th March 2024 in CRL.MC.1415/2024 where a consent order was passed recording the consent of the parties relating to the suitable accommodation as well.

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Mr. Mohd. Faiz , counsel for petitioner effectively states that even despite the stay being granted subsequently on 21^st October 2023, he has been pressing for contempt in the period from 18^th October 2023 to 21^st October 2023.

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In the opinion of this Court, this kind of assertion is unmerited and is disproportionate.

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In any case, the contempt is between the Court and respondent and the Court does not see any necessity of passing coercive orders in this regard; ;Contempt Petition cannot subsist.

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Accordingly, the petition is disposed of.

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Liberty is given to counsel for petitioner to revive the petition in case there is any continued infraction.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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MAY 7, 2025/ ak/na

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Uditi Wadhwa Suri v. Abhishek Suri & Ors.

Case brief

What is this about?

What did the court decide?

Uditi Wadhwa Suri v. Abhishek Suri & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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