Madras High CourtCONT P/78/2021closed

Premkumar Nachiappan v. Meenakshi

2022-10-17Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2022

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN THE NONOURABLE MR.JUSTICE C.SARAVANAN Contempt Petition No.78 of 2021 Premkumar Nachiappan Represented by his Power Agent N.Nachiappan .. Petitioner Vs.

Meenakshi .. Respondent * * * Prayer : Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for contempt for violating the order of this Hon'ble court dated 29.01.2019 made in C.M.A. Nos.1455 & 1456 of 2007.

* * * For Petitioner : Mr.R.Kannan For Respondents : Mr.M.Ramamoorthy Page 1/4

S.VAIDYANATHAN, J.

C.SARAVANAN, J.

O R D E R

It is represented by the learned counsel appearing for the petitioner that the order of this court dated 29.01.2019 made in C.M.A. Nos.1455 & 1456 of 2007, has been disobeyed by the respondent and that the respondent is liable for punishment.

2. One of the contentions raised by the learned counsel for the petitioner is that, after the order of divorce, which was upheld by this court and affirmed by the Hon'ble Apex Court, the respondent is making unnecessary allegations and complaints before the police and that it is not in a strict compliance of the orders of this court. As the issue has attained finality, we cannot go into these aspects in the present contempt, as we find there is no willful and deliberate disobedience of the orders of this court. If the respondent has filed frivolous, vexatious and false case against the petitioner, it can be defended by the petitioner and it is open to the appropriate forum to impose exemplary cost or take note of the provisions of IPC for making a false statement on oath and take action against the respondent in an appropriate case. We, therefore, inclined to close the contempt petition with the above Page 2/4

observation.

3. Accordingly, the contempt petition is closed. However, there is no order as to costs.

[S.V.N., J.] [C.S.N., J.] 17.10.2022 Asr Page 3/4

S.VAIDYANATHAN, J.

C.SARAVANAN, J.

asr Contempt Petn. No.78 of 2021 17.10.2022 Page 4/4