SARASWATHY Vs. BABU

JUDGEMENT

(1.) THIS contempt petition arose for the alleged disobedience of the order passed by this court in Contempt Petition No.958 of 2011 in Crl.M.P.No.1 of 2011 in Crl.M.P.No.1 of 2010 in Crl.R.C.No.1321 of 2010, dated 21.7.2011.

(2.) WHEN the contempt petition came up on 25.11.2011, this court directed notice to the respondent. Subsequently, the respondent entered appearance and has filed a counter affidavit, dated 23.11.2012. The petitioner is married to the respondent and there has been a running battle between the petitioner and the respondent in several courts. The Contempt Petition No.958 of 2011 arose out of the criminal M.P.No.1 of 2011 in Crl.M.P.No.1 of 2010 in Crl.R.C.No.1321 of 2010. The petitioner preferred Crl.R.C.No.1321 of 2010 challenging the judgment of the V Additional Sessions Judge made in C.A.No.339 of 2008 insofar as the said judgment related to the findings rendered under the Prevention of Domestic Violence Act and confirming the order passed by the 13th Metropolitan Magistrate, Egmore, Chennai in Crl.M.P.No.2421 of 2008, dated 05.12.2008. The petitioner claiming to be the wife of the respondent filed a petition under Section 18 of the Prevention of Domestic Violence Act before the 13th Metropolitan Magistrate, Egmore and prohibiting the respondent from committing acts of domestic violence and also claiming relief under Section 19 prohibiting the respondent from disturbing the possession of the petitioner from the shared household. The learned Metropolitan Magistrate by an order dated 05.12.2008 in Crl.M.P.No.2421 of 2008 directed the respondent to give maintenance of Rs.2000.00 to the petitioner and also the right to shelter in the shared household.

(3.) IT was thereafter the contempt petition No.958 of 2011 was filed by the petitioner stating that the order has been disobeyed by the respondent. The contempt petition came to be disposed of by recording the statement made by the respondent, vide order dated 21.7.2011 and in paragraph 6 of the order, the court had observed as follows :