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2025 DAILYLAW 34319 (KAR)

SMT G SHIVARANJANI v. SRI D SANTHOSH KUMAR

CCC/1123/2023 · 2025-01-09

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:713-DB CCC No. 1123 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 1123 OF 2023 BETWEEN: SMT G SHIVARANJANI W/O SRI D SANTHOSH KUMAR AGED ABOUT 39 YEARS RESIDING AT NO 846 7TH MAIN, 2ND B CROSS BEHIND EAST POINT COLLEGE KALYAN NAGAR POST BANGALORE 560033. …COMPLAINANT (BY SRI. MANJUNATH G KANDEKAR - ADVOCATE) AND: SRI D SANTHOSH KUMAR S/O SRI T DAYALAN AGED ABOUT 45 YEARS R/AT NO 41, 2ND CROSS R R LAYOUT, VIJINAPURA BANGALORE 560016. …ACCUSED (BY SRI. SIDDANOORU VISHWANATHA - ADVOCATE) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR THE DELIBERATE AND INTENTIONAL DISOBEDIENCE OF THE ORDER OF THIS HON’BLE COURT IN MFA NO.742/2023 DATED 09.03.2023 AND TO PUNISH THE ACCUSED. Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:713-DB CCC No. 1123 of 2023 THIS CCC, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceedings is initiated by the complainant against the respondents for having deliberate and willful disobedience of the order passed by this Court in MFA.No.742/2023 dated 09.03.2023. 2. Learned counsel Sri Manjunath G Kandekar for the complainant and learned counsel Sri Siddanooru Vishwanatha for the respondent are present. 3. In the aforesaid order, I.A.No.1/2023 was heard and operation and effect of the impugned judgment and decree insofar as pertaining to dissolution of marriage was stayed. However, it is relevant to refer the order rendered by the co-ordinate Bench of this Court in CCC.No.1237/2022 (Civil) dated 26.03.2023 wherein para No.3 indicates as When the order is an interim order, by its very nature it does not determine rights of the parties - 3 - NC: 2025:KHC:713-DB CCC No. 1123 of 2023 finally. There are no trappings of finality in the order. In the aforesaid view, this Court is not inclined to entertain the contempt petition and it is not persuaded to exercise the power of contempt under the Contempt of Courts Act, 1971. Para No.4 indicates as It will be open for the complainant to raise all contentions and work out its rights and remedies in the main proceedings in accordance with law. 4. Keeping in view the aforesaid order, this contempt proceeding does not survive for consideration to proceed against the respondent. Consequently, this contempt proceeding is hereby dropped. Liberty is granted to the complainant to proceed further in accordance with law. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE RJ