Saranya v. Ramarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Saranya ... Petitioner

Versus

Ramarajan ... Respondent PRAYER: Petition filed under Sections 11 & 12 of the Contempt of Courts Act, 1971, to pass an order punishing the respondent herein for his willful breach and disobedience of the stay order passed by this Court in CMP No. 1850 of 2023 in CMA No.247 of 2023 dated 03.02.2023. For Petitioner : Mr.R.Natarajan 1/4

O R D E R

(Order of the Court was delivered by R.SUBRAMANIAN, J.) The Contempt complained of is that the respondent husband has contracted a marriage despite orders of stay having been granted by this Court.

2. While entertaining the Appeal by the wife against the decree for divorce granted in HMOP No.16 of 2019 by order dated 03.02.2023, we had stayed the operation of the decree. It appears that the respondent/husband had contracted a second marriage on 12.09.2022 itself and the said marriage has been registered with the Registrar of Marriages on 12.12.2023.

3. This act of Registration of the marriage is said to be in willful disobedience of the orders of this Court dated 03.02.2023, even from the Certificate of Marriage produced, it is seen that the marriage was solemnized on 12.09.2022, soon after the grant of divorce on 29.07.2022. The act of Registration by itself would not amount to willful disobedience 2/4

4. Hence we see no reason to entertain the Contempt Petition, it is accordingly dismissed.

(R.SUBRAMANIAN, J.) (SATHI KUMAR SUKUMARA KURUP) 11.06.2024 jv Index: No Internet: Yes Speaking order 3/4

R.SUBRAMANIAN, J.

and SATHI KUMAR SUKUMARA KURUP, J.

jv 11.06.2024 4/4