M Rukmani v. B Mani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2020

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH and THE HON'BLE Mr. JUSTICE N. SATHISH KUMAR M. Rukmani ..

Petitioner Vs.

B. Mani ..

Respondent Contempt Petition filed under Section 11 of Contempt of Court Act to punish the respondent for deliberate disobedience of the order of this Court dated 05.10.2017 in HCP No.1692 of 2017. For Petitioner : Mr.P.Saranath

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) We have perused the orders passed by the Division Bench including the final order dated 24.01.2018.

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2.It is trite that once final order is passed, the interim orders would merge. The alleged non-compliance of the order was in existence even at the time of passing of final order dated 24.01.2018 and therefore, it was accordingly taken note of and only thereafter, the consent order was passed. Consequently, liberty was also given to approach the appropriate Court for seeking maintenance for the minor daughter.

3.Thus, we do not find any wilful disobedience involved. If the petitioner is of the view that she is entitled in law for maintenance, it open to her to do so by knocking the doors of the Court. It is well open to the petitioner to take a plea in the said proceedings that the interim orders passed by this Court have not been complied with. 4.The contempt petition is closed with the above observation. (M.M.S.J.) (N.S.K.J.) 22.12.2020 sr Speaking Order/Non Speaking Order Index:yes/no M.M.SUNDRESH,J.

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and N.SATHISH KUMAR,J., sr Cont.Petn.No.785 of 2020 22.12.2020 3/3