Madras High CourtCONT P(MD)/1966/2023disposed of

Jenifa Rani v. Sivashangar

2024-02-19Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Cont.P(MD)No.1966 of 2023 and Sub.Appl(MD)No.272 of 2023 1.Jenifa Rani 2.Mithun Balaji (minor) ... Petitioners Vs Sivashangar ... Respondent / Contemnor Prayer : Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the 1st respondent / Contemnor for contempt & willful disobedience of the order dated 23.11.2022 of this Court passed in Crl.R.C.(MD)No.577 of 2022.

For Petitioner : Mr.R.Manoharan 1/4

ORDER

This Contempt Petition is filed to punish the 1st respondent / Contemnor for contempt & willful disobedience of the order dated 23.11.2022 of this Court passed in Crl.R.C.(MD)No.577 of 2022.

2. Learned counsel for the respondent submitted that Crl.R.C(MD)No.577 of 2022 was partly allowed enhancing the interim maintenance amount to the petitioners by order dated 23.11.2022. Against that order, SLP(Crime)Diary No.4341 of 2023, is stated to be pending before the Hon'ble Supreme Court.

3. It is also stated that the petitioners have filed petition to recover the amount from the respondent in Cr.M.P.No.4858 of 2022 before the Additional Mahila Court, Madurai, in which warrant was also issued against the respondent and the same is pending.

4. In view of the pendency of the SLP before the Hon'ble Supreme Court, contempt will not lie. After disposal of the SLP, the petitioner can take steps to recover the amount, if they wants to prosecute the matter. 2/4

5. With the above observation, this Contempt Petition is disposed of. Sub.Appl(MD)No.272 of 2023, is also disposed of. No costs. 19.02.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn 3/4

G.ILANGOVAN, J.

pnn

ORDER

IN Cont.P(MD)No.1966 of 2023 and Sub.Appl(MD)No.272 of 2023 19.02.2024 4/4