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[Cites 1, Cited by 0]

Madras High Court

J.Jayabalamurugan vs Vimala on 3 January, 2022

Author: V.M.Velumani

Bench: V.M.Velumani

                                                                            Cont.P.No.1285 of 2015

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 03.01.2022

                                                          CORAM:

                                  THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                           Contempt Petition No.1285 of 2015

                  J.Jayabalamurugan                                            .. Petitioner

                                                           Vs.

                  Vimala                                                       .. Respondent

                  Prayer: Contempt Petition filed under Section 11 of the Contempt of Court
                  Act, 1971, to punish the respondent for wilful disobedience of the order
                  passed by this Court dated 29.04.2015 in M.P.No.1 of 2014 in
                  Tr.C.M.P.No.831 of 2014.

                                         For Petitioner     : Mr.Abhijith
                                                              for Mr.V.Raghavachari

                                         For Respondent     : No appearance

                                                          ORDER

(The matter is heard through “Video Conferencing/Hybrid Mode”.) The present Contempt Petition filed by the petitioner is to punish the respondent for wilful disobedience of the order passed by this Court dated 29.04.2015 in M.P.No.1 of 2014 in Tr.C.M.P.No.831 of 2014. 1/4 https://www.mhc.tn.gov.in/judis Cont.P.No.1285 of 2015

2.This Court in the order dated 29.04.2015 directed the respondent to give custody of the children as an interim measure for one week from 19.05.2015 to 25.05.2015 to the petitioner.

3.According to the petitioner, the respondent did not hand over the children to the petitioner and with the help of her brother, who is working as Computer Operator in Forensic Section of the Police Department at Foreshore Estate, removed the children from her place, when the petitioner came to take custody of the children with the help of Police and committed wilful disobedience of the order passed by this Court on 29.04.2015.

4.From the materials on record, it is seen that this Court in the Contempt Petition, issued statutory notice to the respondent on 22.06.2015. On receipt of the notice, the respondent appeared before this Court on 20.07.2015. On various dates, this Court tried to amicably settle the matter between the petitioner and respondent. On 07.04.2016, this Court directed the respondent to produce the children before the Court in the Chamber at 02.00 P.M. on 13.04.2016. The respondent produced the children on that date. Both petitioner and respondent appeared before this Court on that day. This Court 2/4 https://www.mhc.tn.gov.in/judis Cont.P.No.1285 of 2015 adjourned the Contempt Petition on various dates. However, the parties did not agree for any settlement.

5.From the materials on record, it is seen that Transfer Civil Miscellaneous Petition in which interim order was granted was dismissed for default on 25.10.2017. Considering the above materials, subsequent order passed in Contempt Petition, appearance of petitioner, respondent along with children, nature of order, lapse of seven years from the date of order and dismissal of Transfer Civil Miscellaneous Petition, this Contempt Petition stands closed. No costs.



                                                                               03.01.2022

                  krk

                  Index           : Yes / No
                  Internet        : Yes / No




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                                  Cont.P.No.1285 of 2015



                                    V.M.VELUMANI, J.
                                                krk




                                  Cont.P.No.1285 of 2015




                                             03.01.2022



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