Case Note & Summary
The contempt petition was filed by Kanchan Bagade against her husband Prashant Bagade alleging willful disobedience of 'other process of a court' under Section 2(b) of the Contempt of Courts Act, 1971. The background is a matrimonial dispute: the respondent-husband had filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955, which was dismissed by the trial court on 29.10.2009. The appeal was allowed by the appellate court, granting divorce. The wife filed a second appeal which was pending before the High Court. During the pendency of that appeal, the husband remarried. The wife contended that this marriage violated Section 15 of the Hindu Marriage Act, which prohibits remarriage within one year of the decree or during the pendency of an appeal. She argued that this violation constituted civil contempt as it amounted to willful disobedience of 'other process of a court'. The court examined the scope of Section 2(b) of the Contempt of Courts Act, 1971, which defines civil contempt as willful disobedience to any judgment, decree, direction, order, writ, or other process of a court. The court held that Section 15 of the Hindu Marriage Act does not create a legal incapacity to marry but only imposes a procedural restriction. The expression 'other process of a court' does not include statutory provisions like Section 15. Therefore, the alleged violation does not amount to contempt. The court also noted that the remedy for violation of Section 15 lies elsewhere, not through contempt proceedings. The petition was dismissed.
Headnote
A) Contempt of Court - Civil Contempt - Willful Disobedience of 'Other Process of a Court' - Section 2(b) Contempt of Courts Act, 1971 - Section 15 Hindu Marriage Act, 1955 - The petitioner alleged that the respondent's second marriage during pendency of appeal violated Section 15 of the Hindu Marriage Act, 1955, and constituted civil contempt. The Court held that Section 15 does not create a legal incapacity to marry but only imposes a procedural restriction; its violation does not amount to willful disobedience of any judgment, decree, direction, order, or other process of a court. The expression 'other process of a court' under Section 2(b) of the Contempt of Courts Act, 1971 does not include statutory provisions like Section 15 of the Hindu Marriage Act. Held that no case for contempt is made out. (Paras 8-16)
Issue of Consideration
Whether the respondent's act of performing a second marriage during the pendency of an appeal against a decree of divorce, in alleged contravention of Section 15 of the Hindu Marriage Act, 1955, constitutes willful disobedience of 'other process of a court' under Section 2(b) of the Contempt of Courts Act, 1971, and thus amounts to civil contempt.
Final Decision
The contempt petition is dismissed. No case for contempt is made out.
Law Points
- Civil contempt requires willful disobedience of a judgment
- decree
- direction
- order
- or other process of a court
- Section 15 of the Hindu Marriage Act
- 1955 does not create a legal incapacity to marry but only imposes a procedural restriction
- Violation of Section 15 does not amount to contempt of court
- The expression 'other process of a court' under Section 2(b) of the Contempt of Courts Act
- 1971 does not include statutory provisions like Section 15 of the Hindu Marriage Act
Case Details
2020 LawText (BOM) (09) 65
CONTEMPT PETITION NO. 239 OF 2017 IN SECOND APPEAL NO.11 OF 2016
Shri T. G. Bansod for petitioner, Shri S. S. Jagtap for respondent
Kanchan W/o Prashant Bagade
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Contempt petition alleging willful disobedience of 'other process of a court' by performing marriage in contravention of Section 15 of the Hindu Marriage Act, 1955.
Remedy Sought
The petitioner sought action under Section 12(3) of the Contempt of Courts Act, 1971 against the respondent for alleged willful disobedience of 'other process of a court'.
Filing Reason
The respondent performed a second marriage during the pendency of a second appeal against a decree of divorce, allegedly in violation of Section 15 of the Hindu Marriage Act, 1955.
Previous Decisions
The trial court dismissed the divorce petition on 29.10.2009. The appellate court allowed the appeal and granted divorce. The petitioner's second appeal is pending before the High Court.
Issues
Whether the respondent's act of performing a second marriage during the pendency of an appeal against a decree of divorce, in alleged contravention of Section 15 of the Hindu Marriage Act, 1955, constitutes willful disobedience of 'other process of a court' under Section 2(b) of the Contempt of Courts Act, 1971, and thus amounts to civil contempt.
Submissions/Arguments
Petitioner's counsel argued that Section 15 of the Hindu Marriage Act creates incapacity to marry during pendency of appeal, and its violation amounts to willful disobedience of 'other process of a court' under Section 2(b) of the Contempt of Courts Act, 1971.
Respondent's counsel argued that Section 15 does not create a legal incapacity but only a procedural restriction, and its violation does not constitute contempt of court.
Ratio Decidendi
Section 15 of the Hindu Marriage Act, 1955 does not create a legal incapacity to marry but only imposes a procedural restriction. The expression 'other process of a court' under Section 2(b) of the Contempt of Courts Act, 1971 does not include statutory provisions like Section 15 of the Hindu Marriage Act. Therefore, violation of Section 15 does not amount to willful disobedience of any judgment, decree, direction, order, or other process of a court, and does not constitute civil contempt.
Judgment Excerpts
Section 15 of the Act, 1955 does not create a legal incapacity to marry but only imposes a procedural restriction.
The expression 'other process of a Court' under Section 2(b) of the Act, 1971 does not include statutory provisions like Section 15 of the Act, 1955.
Therefore, the alleged violation of Section 15 of the Act, 1955 does not amount to willful disobedience of any judgment, decree, direction, order, or other process of a court.
Procedural History
The respondent filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955, which was dismissed by the trial court on 29.10.2009. The respondent appealed, and the appellate court allowed the appeal and granted divorce. The petitioner filed a second appeal, which is pending before the High Court. During the pendency of the second appeal, the respondent remarried. The petitioner then filed this contempt petition alleging violation of Section 15 of the Hindu Marriage Act.
Acts & Sections
- Contempt of Courts Act, 1971: Section 2(b), Section 12(3)
- Hindu Marriage Act, 1955: Section 13, Section 15
