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2003 (7) TMI 739 - SC - Indian Laws

Issues:
Contempt petition filed by husband against wife and mother-in-law for breach of undertaking and court directions.

Analysis:
The case involves a matrimonial dispute where the husband filed a contempt petition against his wife and mother-in-law for violating undertakings given to the court and court directions. The wife was permitted to take their child to the USA on the condition of filing undertakings to bring the child back to India when required by the Family Court. However, the wife failed to comply with the undertakings and court orders, leading to the husband initiating contempt proceedings.

The wife had obtained custody of the child from the Family Court but failed to appear for further proceedings, leading to the court appointing the husband as the guardian of the child and directing the wife to restore custody to him. Despite court orders and undertakings, the wife did not abide by the directions, prompting the husband to seek contempt action against her and her mother.

The Supreme Court found both the wife and mother-in-law guilty of contempt for willfully disobeying court orders and undertakings. The court noted the defiant attitude of the contemnors and emphasized the importance of respecting court notices and orders. Despite pleas for leniency, the court imposed penalties on both respondents.

The mother-in-law, aged about 65 years, was fined Rs. 50,000 with a default imprisonment of three months and seizure of her passport for five years. The wife, being well-educated and employed at the World Bank, was sentenced to three months simple imprisonment, a fine of Rs. 50,000, and an additional one-month imprisonment in default of fine payment. The Union of India was directed to ensure compliance with the court's orders regarding the wife. The contempt petition was disposed of accordingly.

 

 

 

 

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