Madras HC Dismisses Contempt Plea Filed By Man Against Family Court Judge, Imposes ₹50000 Cost
The Madras High Court has imposed costs of Rs. 50000 on a man who had filed a contempt petition against a Presiding Officer of the Family Court for not concluding divorce proceedings within the time set by the High Court.
The bench of Justice G.K. Ilanthiraiyan observed that the contempt petition was nothing but abuse of process of Court.
The Court noted that on the instance of the parties, the trial court could not complete the trial within the period stipulated by the High Court.
In this case, the man-petition had filed a petition for divorce on the ground of cruelty and desertion.
The matter was pending for several years thus the petitioner approached the High Court for speedy disposal of the divorce petition.
The High Court directed the Trial Court to dispose of the divorce petition on or before end of March 2017.
Meanwhile, petitioner's wife filed interlocutory application for maintenance. Both parties also filed appeals against the Order in maintenance matter.
Feeling aggrieved by the delay in completion of the trial, the petitioner filed a contempt petition before the High Court.
Advocate Vedasree appeared for the petitioner whereas Advocate M.Santhanaraman appeared for the Respondent.
The Court noted that "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.
"…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 Court held.
Cause Title- G.P.Bhaskar v. Sumathi & Anr.