Transfer petition filed in SC got dismissed but VC liberty given
6 months ago
My transfer petition to transfer divorce case got dismissed but given liberty to attend proceeding through VC. Till date, the family court has not provided me VC despite filing memos on influence of opp. party. They are rejecting petitions filed online with defect "Go and file in the respective counter physically". If I have to physically file the petitions then efiling is a joke and VC facility is futile for party-in-person. Can I file contempt petition?
A.Dear Sir,
Yes, you can file contempt petition before Hon’ble Supreme Court or a Writ Petition before High Court for earlier disposal of your case.
Yes, you can file contempt petition before Hon’ble Supreme Court or a Writ Petition before High Court for earlier disposal of your case.
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A.Dear Client,
The dismissal of your online petition, which was submitted in adherence to the Supreme Court's directive requesting a video conferencing hearing of the divorce petition, appears to establish a basis for filing a contempt petition. In the case of State of Maharashtra vs. Dr. Praful B. Desai, the Supreme Court held that under Section 273 of CrPC 1973, 'presence' cannot be interpreted to only mean actual presence of a person in a Court. Thus, evidence can be recorded without the person being physically present in court where the parties are located remotely, or where confidentiality is to be maintained.
The dismissal of your online petition, which was submitted in adherence to the Supreme Court's directive requesting a video conferencing hearing of the divorce petition, appears to establish a basis for filing a contempt petition. In the case of State of Maharashtra vs. Dr. Praful B. Desai, the Supreme Court held that under Section 273 of CrPC 1973, 'presence' cannot be interpreted to only mean actual presence of a person in a Court. Thus, evidence can be recorded without the person being physically present in court where the parties are located remotely, or where confidentiality is to be maintained.
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A.Dear Client,
Any person aggrieved with the violation of general directions passed in a Judgment can file a Contempt Petition. Disobedience of any judgement, decree, direction, order, writ or other process of a court or an undertaking given to the court. There should be disobedience of a valid order to constitute contempt of court. An order includes all kinds of judgments, orders-final, preliminary, ex-parte, and contempt orders. Contempt jurisdiction can be invoked by High Courts and the Supreme Court only. The family court cannot entertain a contempt petition directly. Section 2(b) of the Contempt of Courts Act, 1971 defines “civil contempt” as wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a Court. So, the repeated rejection of your online petition made in compliance with the order of the Supreme Court praying for a hearing of the divorce petition through video conferencing prima facie raises a cause of action for filing a contempt petition. the Honourable Supreme Court of India in State of Maharashtra vs. Dr. Praful Desai – AIR 2003 (4) SCC 601, in which it was stated that in light of section 273 of CrPC, the term ‘presence’ cannot be interpreted to only mean an actual presence of a person in any court. The procedure to file a contempt petition depends upon the rules of the respective High Courts and the Supreme Courts. The petition has to be supported by an affidavit and any document (s) in possession of the complainant. Section 20 of the Contempt of Courts Act, 1971 provides that no court shall initiate contempt proceedings either on its own notions or otherwise after the expiry of one year from the date on which contempt is alleged to have been committed. The period of limitation is applicable both in civil as well as criminal contempt. Contempt proceedings can be initiated either by filing an application or by the court itself suo moto. In both cases, contempt proceedings must be initiated within one year from the date on which contempt is alleged to have been committed.
Any person aggrieved with the violation of general directions passed in a Judgment can file a Contempt Petition. Disobedience of any judgement, decree, direction, order, writ or other process of a court or an undertaking given to the court. There should be disobedience of a valid order to constitute contempt of court. An order includes all kinds of judgments, orders-final, preliminary, ex-parte, and contempt orders. Contempt jurisdiction can be invoked by High Courts and the Supreme Court only. The family court cannot entertain a contempt petition directly. Section 2(b) of the Contempt of Courts Act, 1971 defines “civil contempt” as wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a Court. So, the repeated rejection of your online petition made in compliance with the order of the Supreme Court praying for a hearing of the divorce petition through video conferencing prima facie raises a cause of action for filing a contempt petition. the Honourable Supreme Court of India in State of Maharashtra vs. Dr. Praful Desai – AIR 2003 (4) SCC 601, in which it was stated that in light of section 273 of CrPC, the term ‘presence’ cannot be interpreted to only mean an actual presence of a person in any court. The procedure to file a contempt petition depends upon the rules of the respective High Courts and the Supreme Courts. The petition has to be supported by an affidavit and any document (s) in possession of the complainant. Section 20 of the Contempt of Courts Act, 1971 provides that no court shall initiate contempt proceedings either on its own notions or otherwise after the expiry of one year from the date on which contempt is alleged to have been committed. The period of limitation is applicable both in civil as well as criminal contempt. Contempt proceedings can be initiated either by filing an application or by the court itself suo moto. In both cases, contempt proceedings must be initiated within one year from the date on which contempt is alleged to have been committed.
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