Decree.
9.But, in my opinion, though he was ready to question the Decree for
non compliance of the terms of the Decree passed ... Court decree except to executing the said decree. It is always
open to the appellant/defendant to question the decree, but by way of
separate
First motion under Section 13B of the
Act. Before passing a decree of divorce, the court remains under an
obligation to satisfy itself ... That violation or breach of an undertaking, which forms a part of the
decree of the court, amounts to contempt of court, irrespective of
whether
category
mentioned in Section 2(b) , i.e., wilful violation of any order or decree that
would amount to contempt. It was observed that ... where the civil
contempt jurisdiction is invoked, there should be violation of judgment,
decree, direction or order and such disobedience should be wilful and
intentional
provided the Court is satisfied that the violation of the order or decree is such, that if proved, it would warrant punishment under Section ... between the willful violation of the terms of a consent decree and willful violation of a decree which is passed on adjudication. The decision
trial
court by its judgment and decree dated 26.09.2012. The decree-
holder initiated proceedings for execution of the decree dated
26.09.2012.
During pendency ... safe custody. It was submitted that the terms of the
decree were violated by the decree-holder in first not making any
offer/payment
base proceedings for contempt if the consent orders were
violated. Thus for example, a decree for payment of money if not
complied with could ... between the wilful violation of the terms of a consent
decree and wilful violation of a decree which is passed on
adjudication. The decision
Though there is a decree for
permanent injunction, the decree holder contends
that the judgment debtor violated the decree. The
JDR is contended that ... possible to come to a conclusion
that whether JDR has violated the decree or not.
Hence, to resolve these issues appointment of
commissioner is necessary
schedule property, the 1st respondent filed the present
Execution Petition alleging violation of decree. Hence, pleaded that
when the suit itself is not maintainable ... send the
Judgment Debtors to civil prison, since they have violated the decree
passed in O.S.No.89 of 2011. However, when the said
stand that neither they did
so nor they ever violated the judgment and decree aforesaid.
Since as per own stand ... petitioner and proforma
respondents, when they have not violated judgment and decree in favour of
the contesting respondent No.1 and other legal heirs
action of interfering into the
property of the applicant in violation of decree of the civil
court passed in suit entitled Gian Kaur vs Prem ... Therefore, it is clear that respondent no.1 has violated the
decree of Civil Court in suit entitled Gian Kaur vs Prem , such
