Karnataka High Court
Smt C Latha vs Sri G Suresh Kumar on 13 December, 2022
Author: B.Veerappa
Bench: B.Veerappa
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2022
PRESENT
THE HON'BLE MR. JUSTICE B.VEERAPPA
AND
THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA
C.C.C. No.1113/2019 (CIVIL)
BETWEEN:
SMT. C. LATHA
D/O. P. CHANDRADOSS
AGED ABOUT 37 YEARS,
R/AT 4TH CROSS, BLOOMFIELD GARDENS,
RAMACHANDRAPURA,
VIDYARANAYAPURA POST,
BENGALURU - 560 097. ... COMPLAINANT
(BY SRI HAREESH BHANDARY T., ADVOCATE)
AND:
SRI G SURESH KUMAR
S/O. GOPALAKRISHNAN
AGED ABOUT 48 YEARS,
R/O. 36/16, KUMARAN NAGAR
1ST CROSS RAOD,
ABHIRAMI KOIL STREET,
CHENNAI - 600 082. ... ACCUSED
(BY SRI K. MURTHY, ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 & 12 OF THE
CONTEMPT OF COURTS ACT, R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHEREIN HE
PRAYS THAT THE HON'BLE HIGH COURT BE PLEASED TO
SECURE THE PRESENCE OF THE ACCUSED AND PUNISH HIM
-2-
FOR HAVING COMMITTED CONTEMPT OF THE ORDER MADE IN
M.F.A.NO.6750/2016 DATED 16.01.2017 PASSED BY THIS
HON'BLE HIGH COURT AND PASS SUCH OTHER ORDER/S AS IT
DEEMS FIT TO THIS HON'BLE COURT UNDER THE
CIRCUMSTANCES OF THE CASE.
THIS CCC COMING ON FOR FRAMING OF CHARGES, THIS
DAY, B.VEERAPPA J., PASSED THE FOLLOWING:
ORDER
The complainant/wife has filed the present contempt petition to take action against the accused/husband under the provisions of Sections 11 and 12 of the Contempt of Courts Act, 1971 for the willful disobedience of the order dated 16/01/2017, passed in MFA.No.6750/2016 by the Co-ordinate Bench of this Court staying the judgment and decree of divorce until further orders made in M.C. No.3387/2012 dated 25/08/2016.
2. Learned counsel for the complainant submitted that inspite of interim order granted by this Court, the accused, in violation of the said order married another lady by name Smt. P. Thamizharasi -3- as second wife on 20/04/2017 at Chennai. Thereafter, the accused filed the petition for divorce against the second wife before the Family Court at Chennai in HMOP.No.2032/2018. Thereafter, the accused/husband filed Crl.Appeal No.288/2020 on the file of the Addl. District and Sessions Judge, Bangalore in C.Mis.No.10/2013 before the City Civil Judge and Sessions Judge, Bangalore, to set aside the order dated 28/01/2020 passed in C.Misc.No.10/2013. On the proposal made by the learned counsel for the parties, learned Sessions Judge, Bangalore, directed to pay first installment of Rs.5.00 lakh. Accordingly, in terms of the joint memo filed by both the parties duly signed by them on the order sheet on 29/10/2022, the appellant agreed to pay Rs.17.00 lakh to the respondent in full and final settlement, for which the respondent/wife agreed to receive and settle the dispute and withdraw all the cases filed by -4- her against the appellant after receiving full payment of Rs.17.00 lakh and stated that MFA.No.6750.2014 and CCC.No.1113/2019 filed by the complainant/wife shall be withdrawn. CC.No.26385/2014 filed under Sections 489A, 323, 504 and 506 of the IPC pending on the file of 41st ACMM wherein the wife shall co- operate for quashing Crl.Pet.No.6746/2019 filed by the husband and his parents before this Court and the Crl.Misc.No.605/2011 filed by the wife against the husband before the Family Court shall be withdrawn. The husband has agreed to make payment of Rs.17.00 lakh within February 2023. Accordingly, as per the joint memo dated 12/12/2022, vide demand draft No.508443 dated 14/11/2022 drawn on ICICI Bank, Chennai paid a sum of Rs.2.00 lakh and vide demand draft No.508567 dated 28/11/2022 drawn on ICICI Bank paid a sum of Rs.3.00 lakh. In all Rs.5.00 lakh has been paid to the complainant/wife. Today -5- (13/12/2022), when the matter is posted before the Court, learned counsel for the accused filed an affidavit of undertaking of the accused herein- G.Sureshkumar that he has agreed to pay the remaining amount of Rs.12.00 lakh by the end of February, 2023 in terms of the joint memo without giving any room for further contempt.
3. The said affidavit of undertaking and the joint memo filed by both the parties is placed on record.
4. In view of the above, we pass the following:
ORDER The contempt proceedings are hereby dropped subject to the condition that the accused/husband shall pay the remaining amount of Rs.12.00 lakh by the end of February, 2023 in terms of the joint memo -6- dated 12/12/2022 and in terms of the affidavit of undertaking dated 13/12/2022 filed before this Court, failing which, it is always open for the appellant/wife to file an application for revival of this contempt petition.
Sd/-
JUDGE Sd/-
JUDGE S*