Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6364 of 2019 Applicant :- Kalpna Dwivedi Opposite Party :- Ashok Kumar Premi, Principal Judge, Family Court Counsel for Applicant :- Akhilesh Chandra Dwivedi,Prasoon Tomar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 12.4.2019 passed in Application U/s 482 Cr.P.C. No. 14356 of 2019 filed by the applicant, the Court directed as under:
"This application u/s 482 Cr.P.C. has been filed seeking the direction to expedite the proceedings of Case No. 50/11/2017, Smt.Kalpana versus Devendra alias Santosh, under Section 125(3) Cr.P.C. pending in the court of Principal Judge, Family Court, Hamirpur.
Heard applicant's counsel and learned A.G.A. for the State. Record has been perused.
In the facts and circumstances of the case, the lower court concerned is directed to expedite and conclude the proceeding of the aforesaid case at the earliest without granting any unnecessary adjournment to either of the parties, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case.
With the aforesaid observation this application is disposed off."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court within three months from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today.
The office shall send a copy of this order along with the self- addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelop within a week thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 27.9.2019 Jaswant