Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Courts Act 1971 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Contempt of Courts Act, 1971 (70 of 1971) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Contempt of Courts Act, 1971: s.12(1) r/w s. 12(3) – Appellant (wife) left company of her husband (respondent) with her son – Canadian Court granted custody of the child to the husband – Wife without complying with the order of Canadian Court, came to India – Husband filed Habeas Corpus petition in the High Court in India – The parties reached settlement on certain terms – Husband thereafter filed contempt petition seeking execution of consent terms and punishment of wife for contempt of Court – High Court found the wife guilty of contempt of court awarding punishment of six months civil imprisonment – On appeal, held: High Court was not right in punishing the wife for contempt without considering the allegations as to whether she fulfilled her obligations under the consent terms – Settlement as regards resumption of matrimonial relations was reached in the proceedings which essentially related to custody of the child – Therefore, focus of the High Court should have been on the custody of the child and should have restored the Habeas Corpus petition and decided the same on merit – Order passed in contempt petition is set aside – Habeas Corpus petition is revived which shall be decided by High Court on merits |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2018 INSC 467 |
Petitioner | Meenal Bhargava |
Respondent | Naveen Sharma |
SCR | [2018] 4 S.C.R. 521 |
Judgement Date | 2018-05-09 |
Case Number | 1606 |
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