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2025 DAILYLAW 96641 (PNJ)

MAYA DEVI v. KAILASH CHAND

COCP/4478/2025 · 2025-09-04

Sudeepti Sharma

Contempt Petitionbody2025

Judgment text

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COCP-4478-2025 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 108 COCP-4478-2025 Date of Decision: 04.09.2025 Maya Devi ......Petitioner Vs. Kailash Chand .....Respondent CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Gourav Verma, Advocate for the petitioner. **** SUDEEPTI SHARMA J. (Oral) 1. The present contempt petition has been filed alleging willful and deliberate disobedience of the order dated 23.04.2018 passed by this Court in FAO-2355-2017. 2. The order dated 23.04.2018 was passed on an application under Section 24 of the Hindu Marriage Act, 1955, granting maintenance pendente lite during the pendency of FAO-2355-2017. 3. It is an admitted position that FAO-2355-2017 has been finally decided by this Court on 08.07.2025. Once the main appeal itself stood disposed of, the interim order dated 23.04.2018 automatically merged into the final judgment. It is well settled that interim directions operate only during the pendency of the main proceedings and lose their independent existence once the lis is finally decided. SAHIL 2025.09.10 08:51 I attest to the accuracy and authenticity of this order/judgment. COCP-4478-2025 -2- 4. The doctrine of merger postulates that upon pronouncement of a final judgment, all interim orders merge therein and have no separate enforceability. Consequently, as on date, no subsisting disobedience of the order dated 23.04.2018 survives for examination in contempt jurisdiction. 5. Further, when this Court decided FAO-2355-2017 on 08.07.2025, the petitioner was duly represented but did not bring to the notice of Court, any alleged non-compliance of the interim order dated 23.04.2018. Once the matter was adjudicated on merits, it is not open to the petitioner to resurrect an interim order for the purposes of contempt, particularly when no such grievance was urged at the stage of final disposal. 6. It is trite law that the contempt jurisdiction cannot be invoked to indirectly reopen or prolong matters already concluded. 7. In view of the above discussion, this Court finds that the order dated 23.04.2018 having merged into and spent its force with the final judgment dated 08.07.2025, the present contempt petition is not maintainable and is accordingly dismissed. (SUDEEPTI SHARMA) JUDGE September 04th 2025 Sahil Whether speaking/non-speaking : Yes/No Whether reportable : Yes/No SAHIL 2025.09.10 08:51 I attest to the accuracy and authenticity of this order/judgment.