- (1.) VIJAY Prakash, has moved present Civil Misc. Contempt Application with following relief: "1]. Grant stay proceedings in the case of Divorce Petition No. 780 of 2006 in the Hon'ble Family Court, Agra filed by the respondent in consultation and under guidance of her father C. L. Verma, respondent No. 2. 2]. pass the order for legal actions against Smt. Sandhya Verma, respondent no. 1 and her father Mr. C. L. Verma respondent no. 2 under various sections mentioned in the affidavit accompanying this petition for deliberately misguiding the Court and making false statements before the Hon'ble Court with malicious motive of deriving benefit on such wilful and utterly gross false statements before the Hon'ble Court. 3]. pass such orders as deemed necessary in the facts and circumstance of the case. "
(2.) BRIEF facts as disclosed in contempt application are that there appears to be matrimonial dispute in between applicant and Smt. Sandhya Verma and qua the same complaint has been filed before Police Station Cant, Varanasi. Applicant submits that said complaint contains false and concocted statement of fact. Applicant has further contended that against him applications are being made which contains totally false and self contradictory averments. It appears that Transfer Application has been moved by the applicant before this Court and therein counter affidavit has been filed on 21. 08. 2008 and applicant submits that in entire counter affidavit submitted by respondents in Civil Misc. Transfer Applicant No. 250 of 2008, false averments have been mentioned, as such in this background contempt has been committed, and such action be taken.
(3.) ONCE Transfer Application has been moved before this Court and counter affidavit has been filed therein then as to whether averments mentioned in the aforesaid counter affidavit are correct or incorrect can be very well judged by the Court concerned wherein Transfer Application is pending but merely because applicant feels that false and incorrect statement has been mentioned in the aforesaid counter affidavit filed in Transfer Application, proceedings under contempt of court's Act cannot be drawn as has been requested by the applicant before this Court. Applicant is not complaining any deliberate and wilful defiance of the order passed by this Court. Application which has been moved is totally misconceived in the facts of the present case as has been disclosed in the present contempt application.;