The Madras high court recently comprising of a bench of Justice G.K. Ilanthiraiyan has slapped 50,000 as cost on a litigant for filing a contempt of court petition against a family court judge for failing to dispose of his divorce case within the stipulated time as directed by the high court. (GP Bhaskar v Sumathi)
Facts of the case.
This contempt petition was filed to punish the respondents for non compliance of the order passed by this Court, thereby directing the I Additional Family Court, Chennai to proceed with the matter and dispose of the HMOP.No.2726 of 2013 on or before 31.03.2017.
It was seen that the petitioner filed a petition for divorce on the file of the I Additional Family Court, Chennai on the ground of cruelty and desertion. It was pending for the past several years and as such, the petitioner filed civil revision petition before this Court for speedy disposal of the divorce petition. This Court, by order dated 11.01.2017, directed the trial court to dispose of the divorce petition on or before 31.03.2017.
The second respondent filed an interlocutory application for maintenance seeking interim monthly maintenance of Rs.30,000/- and also seeking Rs.30,000/- towards litigation expenses. The trial court allowed the said maintenance petition and the petitioner was directed to pay a sum of Rs.10,000/- to the second respondent and a sum of Rs.5,000/- in favour of their daughter as interim monthly maintenance from the date of the petition and also ordered litigation expenses to the tune of Rs.20,000/-. Aggrieved by the same, both the petitioner and the second respondent filed appeal before this Court in CMA.Nos.1336 and 1456 of 2017. Both the civil miscellaneous appeals were dismissed by this Court by order dated 11.02.2021.
Courts Observation and Judgment.
The Court noted, "It is nothing but clear abuse of process of court, since normally, this Court direct the trial court to complete the trial within the stipulated time. However, on the instance of the parties, the trial court could not complete the trial within the period stipulated by this Court."
The Court also noted that the contempt petition was not maintainable and barred by limitation.
In view of this, the Court dismissed the petition with Rs. 50000 costs.
The court observed, "…this contempt petition is dismissed with cost. Accordingly, petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Chief Justice Relief Fund, High Court of Madras within a period of two weeks from today."
The bench dismissing the petition noted, "As such, the contempt petition is not maintainable and barred by limitation. Even then, the Registry, without noticing the date of the order, mechanically numbered the contempt petition. It is also curious to note that the Presiding Officer / the first respondent is presiding the Court only from 25.08.2021, whereas the order was passed by this Court on 11.01.2017. Therefore, the first respondent is being the Presiding Officer of the Court cannot be impleaded as a contemnor in any event.
In view of the above, this contempt petition is dismissed with cost. Accordingly, petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Chief Justice Relief Fund, High Court of Madras within a period of two weeks from today. Consequently, the connected sub application is closed."
Read Judgment ;
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(With input from news agency language)
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