In this contempt petition, the Court held that the impugned interim order was merely an exploratory arrangement for settlement, not a direction. Consequently, no contempt was made out, and the case was closed.
Contempt case closed; no penalty imposed.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 20TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944 CON.CASE(C) NO. 1801 OF 2022
AGAINST THE ORDER IN O.P.(FC) NO.204/2022 DATED 31.08.2022
PETITIONER/S:
ASWATHY SIDHARDHAN, AGED 32 YEARS, W/O.ADARSH C.B., ASWATHY BHAVANAM, KALLELIBHAGOM MURI, KALLELIBHAGOM VILLAGE, KALLELIBHAGOM P.O, KARUNAGAPALLY, KOLLAM, PIN – 690519.
BY ADV SAYUJYA
RESPONDENT/S:
ADARSH C.B., AGED 43 YEARS, S/O. LATE CHANDRA BOSE K, SANTHI, PADA NORTH, KARUNAGAPALLY, KOLLAM, PIN – 690518.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.O(C) No.1801/2022 2
JUDGMENT
A.Muhamed Mustaque, J .
This Contempt Case is filed based on the interim order of this Court dated 31.8.2022.
As seen from the order itself, it was a mode of arrangement rather than a direction issued by this Court. That arrangement was made only to explore the possibility of settlement between the parties. No contempt can be made out. Accordingly, the Contempt Case is closed.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
Sd/-
SOPHY THOMAS JUDGE
ln
C.O(C) No.1801/2022 3
APPENDIX OF CON.CASE(C) 1801/2022
PETITIONER'S ANNEXURES:
ANNEXURE A1 CERTIFIED COPY OF THE ORDER DT.31.08.2022 IN O.P.(FC) NO.204/2022
1 issue framed by the court
Whether the proposed interim arrangement in the underlying order constitutes a direction under contempt laws.
Aswathy Sidhirdhan
Adarsh C.B.
A.Muhamed Mustaque
Sofie Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
