- 1 - HC-KAR NC: 2025:KHC:34883-DB CCC No. 795 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL CONTEMPT PETITION NO. 795 OF 2024 BETWEEN: SMT. GEETHA M (PUSHPA) W/O P. JAIPRAKASH AGED ABOUT 37 YEARS D/O MAREGOWDA R/AT NO. 145, SRI MAHADESHWARA NILAYA 1ST CROSS, SHRI KRISHNANAGARA YARAGANAHALLI MYSORE - 570 011. …COMPLAINANT (BY SRI. DHARMAPAL, ADVOCATE) AND: SRI P. JAIPRAKASH S/O K. PUTTASWAMY GOWDA AGED ABOUT 43 YEARS, R/AT NO.5, "SHALINI NILAYA" BANDE MATH EXTENSION KOMMAGATTA ROAD KENGERI UAPANAGAR BANGALORE - 560 060. …ACCUSED (BY SRI. K.L. SREENIVAS, ADVOCATE) Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34883-DB CCC No. 795 of 2024 THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT,1971, PRAYING TO INITIATE CONTEMPT PROCEEDING AGAINST THE ACCUSED FOR HAVING VIOLATED AND COMMITTED CONTEMPT OF THE ORDER DATED 24.02.2021 PASSED BY THIS HON'BLE COURT IN MFA No.713/2021 AND TO PUNISH HIM ACCORDING TO LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL and HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER (PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL) Heard both side. 2. This complaint is filed alleging contempt of order of this Court dated 24.02.2021 passed in MFA No.713/2021. 3. There is delay of 284 days in filing the complaint. Learned counsel for respondent opposes the complaint both on merit as well as on delay aspect. 4. The respondent and the complainant are husband and wife. Respondent filed M.C.No.611/2019 against the complainant seeking decree of divorce under Section 13(1)(ia) - 3 - HC-KAR NC: 2025:KHC:34883-DB CCC No. 795 of 2024 and (ib) of Hindu Marriage Act on the ground of desertion and cruelty. 5. The II Additional Principal Judge, Family Court, Mysuru, by Judgment dated 14.12.2020 allowed the said petition and granted decree of dissolution of marriage of complainant and respondent and granted permanent alimony to the complainant. 6. Challenging the said judgment, the complainant preferred MFA No.713/2021 (FC-DB) she sought interim stay of the decree of divorce. The Co-ordinate Bench of this Court on 24.02.2021 has passed the following: ORDER Heard. Issue Notice to the respondent. Sri.K.L.Sreenivas, learned counsel accepts notice for the respondent. Interim stay of the impugned Judgment and decree. - 4 - HC-KAR NC: 2025:KHC:34883-DB CCC No. 795 of 2024 7. The above complaint is filed alleging that pending operation of such stay order, respondent-accused has contracted second marriage on 07.03.2021, thereby there is breach of the order passed by this Court. 8. As per Section 2(b) of the Contempt of Courts Act, 1971, "civil contempt" means "wilful disobedience to any judgment, decree, direction or order." In the present case, as rightly pointed out by learned counsel for respondent there was no positive direction or prohibitory order against the respondent restraining him from entering into second marriage. Effect of the said interim order is that marriage of the complainant and respondent continues. In such event, if the respondent has remarried that may amount to an offence under Section 494 of India Penal Code. 9. Admittedly the complainant has already filed a complaint against the respondent and others to prosecute them for the said offence. It is submitted that in that matter Court has taken cognizance for the offence under Section 494 of IPC, only against the present respondent. Therefore, the remedy of the complainant is to pursue the said complaint. - 5 - HC-KAR NC: 2025:KHC:34883-DB CCC No. 795 of 2024 10. We are satisfied that act alleged, prima facie does not constitute civil contempt of this Court. Therefore, even if the delay is condoned, no purpose would be achieved. Hence, I.A.1/2024 is rejected and the proceedings are dropped. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 1