IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 CCC.No. 733 of 2000(S) ------------------------------------------- ARISING OUT OF THE ORDER IN OP.5136/2000 Dated 21/02/2000 .................... PETITIONER:- ------------------ JANCY SEBASTIAN, W/O.CLAUDE JEAN, ELANJIMATTATHIL HOUSE (VISMAYA), HOUSE NO: 49/1880, RAGHVAN PILLAI ROAD, EDAPPALLY P.O. COCHIN-682 024, KERALA STATE, INDIA. BY ADV. SMT.H.SUBHALEKSHMI SRI.M.P.RAMNATH SRI.A. BALASUBRAMANIAN RESPONDENT:- --------------------- CLAUDE JEAN, 10644 BALZAC, QUEBEE-HIH3LT MONTREAL, CANADA. THIS CONTEMPT OF COURT CASE HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------------------ Contempt of Court Case No.733 of 2000-S ------------------------------------------------------- Dated, this the 29th day of February, 2008 JUDGMENT H.L.Dattu, C.J. Alleging that the respondent in the contempt petition has violated the undertaking given by him before this Court, the petitioner has presented this contempt petition. (2). During the pendency of this contempt petition, it appears that, the respondent has left this country and now he is residing in Canada. In order to secure his presence, this Court by its order dated 5th December, 2000 had attached a sum of Rs.6,41,012.88 in Fixed Deposit in Account No.7863 with State Bank of India, NRI Branch, Ernakulam. The order so passed by this Court continues even till this date. (3). The respondent has not entered appearance. Since the respondent is now residing in Canada, it is not possible for us to take any proceedings against him. In that view of the matter, this contempt petition is closed, for the present. Liberty is reserved to the petitioner to make appropriate application before the Family Court, Ernakulam where O.P.No.1371/2007 is pending. (4). With the above observations and directions the contempt petition is closed. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE MS