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2026 DAILYLAW 14400 (KAR)

SMT. DEBOLINA v. SHRI NILOY @ NILOY GHOSH

CCC/16/2025 · 2026-03-16

C M Poonacha

Contempt Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:15313-DB CCC No. 16 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 16 OF 2025 BETWEEN: 1. SMT. DEBOLINA W/O NILOY @ NILOY GHOSH D/O BHABATARAN RAY AGED ABOUT 37 YEARS NO.113, 2ND FLOOR, 1ST MAIN 1ST 'A' CROSS, MALLESHPALYA NEW THIPPASANDRA POST BANGALORE - 560 075 STATE - KARNATAKA …COMPLAINANT (BY SRI R.A. DEVANAND, ADVOCATE) AND: 1. SHRI NILOY @ NILOY GHOSH S/O LATE DEBENDRANATH GHOSH AGED ABOUT 41 YEARS R/AT NO.552/1, AI AMEEN MANZIL GROUND FLOOR, VINAYAKA NAGAR 8TH CROSS, ANNASANDRA PALYA EXTENSION, HAL POST BENGALURU - 560 017 PRESENTLY RESIDING AT SRI NILOY @ NILOY GHOSH S/O LATE DEBENDRANATH GHOSH Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15313-DB CCC No. 16 of 2025 AND SUPRIYA GHOSH AGED ABOUT 41 YEARS PRESENTLY RESIDING AT HD PAL STREET, SHANKHARIPARA PO: ICHAPUR, NAWABGANJ POLICE STATION - NOAPARA DISTRICT NORTH 24 PARAGANA PIN - 743 144 STATE- WEST BENGAL …ACCUSED (BY SRI A. RAJESH, ADVOCATE) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND TO PUNISH THE ACCUSED UNDER THE CONTEMPT OF COURTS ACT FOR WILLFULLY, WANTONLY DISOBEYING TO COMPLY WITH THE ORDER PASSED ON IA NO.1/2024 BY THIS HON'BLE COURT DATED 24.07.2024 IN MFA No.1295/2024 BY HOLDING AN ENQUIRY & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2026:KHC:15313-DB CCC No. 16 of 2025 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The complainant has filed the present complaint alleging wilful disobedience of the order dated 24.07.2024 passed by this Court in MFA No.1295/2024. 2. The operative part of the impugned order reads as under: "Accordingly, I.A.No.1/2024 is allowed. Consequently, the appellant should pay the maintenance at `25,000/-p.m., hereafter to the respondent/applicant and to that effect the counsel for the appellant is directed to file a memo." 3. There is no dispute that the accused has paid the maintenance of `25,000/- per month, as directed, as well as the arrears. The only question is regarding return of valuable ornaments and other articles as prayed for by the complainant in I.A.No.2/2023 before the VI Additional Principal Judge, Family Court, Bengaluru in M.C.No745/2013. 4. A plain reading of the order, the disobedience of which is alleged, indicates that the operative part is confined to grant of maintenance. This is also apparent from the following extract in the said order: - 4 - HC-KAR NC: 2026:KHC:15313-DB CCC No. 16 of 2025 "Therefore, it is appropriate to state that without expressing any opinion on the merits of this matter relating to consideration of aforesaid I.A.No.1/2024, but keeping in view the status of the party to the proceedings as well as keeping in view the contentious contentions made by the learned counsel for the parties, it is deemed appropriate that I.A.No.1/2024 is hereby considered for granting maintenance at Rs.25,000/-p.m. However, the appellant herein who is no other than the husband of the respondent shall pay maintenance at Rs.25,000/- p.m. hereafter and more so whatever the maintenance that has been ordered by the Court below that amount shall also be payable by the appellant and to that effect the counsel for the respondent has to file a memo in detail relating to calculation of the amount, if any, due." 5. This Court had also noted the issue relating to return of gold ornaments in the second part of the order passed in M.C.No.745/2013, as under: "However, in a given peculiar facts and circumstances of this matter as well as the issues emerged between the appellant and respondent are concerned and more so the second part of the impugned order which has rendered by the Court below in the aforesaid MC proceedings, it is deemed appropriate that the appellant shall comply the order mentioned in the second part of the MC proceedings relating to returning of the jewelleries as stated in the aforesaid IAs and wherein the execution proceeding is pending before the Executing Court in EP No.59/2024 and to that effect the counsel for the appellant herein is directed to clarify the position whether he has returned the jewellery in pursuance of the second part of the order which has rendered by the Court below in MC proceedings or not, if not compliance of the second part of the order has been passed and pending before the Executing Court, then Executing Court shall be directed to take appropriate - 5 - HC-KAR NC: 2026:KHC:15313-DB CCC No. 16 of 2025 coercive process against the appellant who is in the rank of JDR in the execution proceedings." 6. It appears that insofar as return of gold ornaments is concerned, the complainant is required to take recourse to the execution proceedings. 7. However, insofar as the present complaint is concerned, it is confined to the order passed by this Court in MFA No.1295/2024, regarding payment of maintenance which has been complied with. 8. The complaint is, accordingly, closed. 9. We clarify that all rights and contentions of the parties are reserved. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KMV List No.: 1 Sl No.: 5