• Contempt, etc.

Sirji,

Wife was awarded ex-party-order by JMFC on 1st January 

Husband made Application u/s. 482 of CR.P.C for quashment of Ex-part-order on 10th January 

On 15th day of January, Husband filed Appeal u/s. 29 of DV Act before Session Court for quasment of same ex-party order

The matter was listed in High Court on 18th January 

But the Husband has not disclosed the fact in Application u/s. 482 of Cr.P.C. before H.C. about the fact that he had also filed Appeal in Session Court u/s. 29 of DV Act which is still pending in Session Court

Similarly, the Husband has not disclosed the fact in Appeal about the fact that Application u/s. 482 of Cr.P.C. is pending before the HC 

In other words, the two Remedies (one appln u/s. 482 of crpc and other appeal under dv act) both remedies are simulteneously pending for quashment of one and the same Order of JMFC

But both Courts did not have knowledge of this fact but wife told this facts to both Courts 

Under disclosure clause the Applicants/Petitioners/Appellants is/are legally bound to state and disclose by swearing on oath the truth about the pendency of the same subject-matter and/or prayer clause in any other Hon'ble Court/Forum in India, if any.
The Petiitoners were legally bound by an express provision of Law to state truth and they were bound by Law to make declaration upon that subject and further they knew that such declaration are necessary but in spite of such conscious knowledge about their legal duty to state such truth they ommitted to state truth and allowed the further proceedings in the matter without such truth. The acts of the Petitioners comes under the purview of stating false and giving false evidences during judicial proceedings 

Note :- Advocate in Both the cases is one and the same

Now other aspect It is settled preposition of Law that first approach Session Court and then go to High Court whereas in contrary to it the Husband first approached HC then to Session Court though the matter is pending before both Courts till today

Question

(1) By hiding those facts which are legally bound to be disclosed under disclosure clause, the offence of stating false before Hon’ble Court has been committed by them and hence Appln u/s. 195 and 340 of crpc in Session Court and in H.C., can be filed or not ?
 
(2) First H.C. then to Session Court though case is pending before H.C. is lowering the authority of H.C. and it is undermining of High Court and hence contempt of Law and Contempt of Court in Contempt of Court Act can be filed before High Court or not ? 

(3) It Is duty of the Advocate to inform the Court regarding fact about the pendency of the case in other Court but he failed hence how to stop such Advocate appearing in the concerned case in High Court ?
kindly guide 

HARIOM.
Asked 7 years ago in Criminal Law
Religion: Hindu

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7 Answers

1. Do not worry as no quash petition u/s 482 crpc lies in high court. only appeal u/s 29 of the Act is maintainable. So once you bring this to the notice of the court including his unclean record of concealing this fact from high court your husband is likely to be penalised. Howeevr no complaint u/s 340 crpc will lie

2.No contempot of cout has also been committed.

3.Yes, you can inform the high court about the professional misconduct of the advocate who remained silent on this issue in high court. The high court may haul up the advocate for this alches.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

since material facts has not been disclosed husband has not come to court with clean hands and is not entitled to any relief

2) you should in your reply disclose fact about pending appeal . court will dismiss his application for quashing

3) if false statement has been made on oath you can make application u/s. 195 and 340 of crpc

4) you cannot stop advocate from appearing on behalf of your husband

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

1. You can try all the stated steps against the husband though it is difficult to predict its success.However, as the litigant you should try all your weapons you have in your armory.

2. You are arriving at the conclusion which your Advocate shall have to place before the Court strongly since your logic can be argued also fittingly.

3. An Advocate can not be punished for his negligence as per he recent verdict passed by the Supreme court unless some criminal act with ulterior motive can be established against him.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

(1) By hiding those facts which are legally bound to be disclosed under disclosure clause, the offence of stating false before Hon’ble Court has been committed by them and hence Appln u/s. 195 and 340 of crpc in Session Court and in H.C., can be filed or not ?

The respondent, i.e., the wife can reveal this fact before the appellate court as well as the high court where the matters are pending for hearing.

The respective courts will pass suitable orders as per law.

(2) First H.C. then to Session Court though case is pending before H.C. is lowering the authority of H.C. and it is undermining of High Court and hence contempt of Law and Contempt of Court in Contempt of Court Act can be filed before High Court or not ?

Contempt proceeding in such cases are not maintainable. If the high court opines that he has to approach sessions court for remedy, it may dismiss the petition before it. This will not come under contempt of court law.

(3) It Is duty of the Advocate to inform the Court regarding fact about the pendency of the case in other Court but he failed hence how to stop such Advocate appearing in the concerned case in High Court ?

The advocate is appearing on behalf of his client, hence he/she cannot be held responsible for any such defect.

T Kalaiselvan
Advocate, Vellore
85423 Answers
2239 Consultations

5.0 on 5.0

you should deny you delayed proceedings before HC and prevented passing of interim orders by HC

2) it is not contempt

3) your application in Dv case for contempt would be dismissed

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

Is quoting like this in JMFC about judicial proceedings in

High Court (whereas the H.C. never noted any such remarks

in daily order (order of proceedings) is allowed ?

IS IT NOT CONTEMPT ?

If this was mentioned in the JMFC, your lawyer could have objected the same and would have demanded the copy of the said order, what prevented your lawyer from proceeding in that direction.

No doubt this will will not come under contempt proceedings.

Whether it is not raising question on High Court's authority and its ability ?

It is a lie told by the opposite party which should have been tackled accordingly in the trial court

If yes then can I file simple application in D.V. case itself before

JMFC u/s. 2(c) of Contempt of Court Act against defaulted party ?

Not maintainable

T Kalaiselvan
Advocate, Vellore
85423 Answers
2239 Consultations

5.0 on 5.0

1. This false statements can be strongly contested before the Court where it has been stated seeking production of evidence in support of the said allegation leveled against you but it is not likely to be considered as contempt of Court.

2. It does not appear that you shall get any success by filing the said contempt petition, though you can try this step to put pressure on the opposite side, if litigation cost is not a big criteria for you.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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