IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 Con.Case(C).No. 730 of 2011(S) ------------------------------ AGAINST THE ORDER IN MA.234/2010 Dated 01/11/2010 .................... PETITIONER/APPELLANT: --------------------------- DR. SUNI, AGED 35 YEARS, D/O. SASIDHARA PANICKER, NARAYANA MANDIR, GOWREESAPATTOM, PATTOM P.O., THIRUVANANTHAPURAM, PIN-695 004. BY ADV. DR.SEBASTIAN CHAMPAPPILLY SMT.ANNIE GEORGE RESPONDENT/RESPONDENT: -------------------------------- DR. L.B.JAYAPRAKASH, AGED 39 YEARS, S/O. DR. D.BAHULEYAN, 'APSARAS', AYIROOPPARA, POTHENCODE P.O., THIRUVANANTHAPURAM, PIN-695 584. BY ADV. SRI.PRAVEEN VYASAN THIS CONTEMPT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Con.Case(C).No. 730 of 2011(S) APPENDIX PETITIONER'S EXHIBITS: ANNEXURE-I : CERTIFIED COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN I.A. NO.2780 OF 2010 IN MAT. APPEAL NO.234 OF 2010 DATED 01.11.2010. ANNEXURE-II : TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE LOCAL REGISTRAR, SREE KARYAM, ZONAL OFFICE, CORPORATION OF THIRUVANANTHAPURAM DATED 07.01.2011. /TRUE COPY/ PA TO JUDGE J. CHELAMESWAR, C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- Cont.Case(C).No. 730 of 2011 ---------------------------------------------- Dated this the 12th day of July, 2011 JUDGMENT J.Chelameswar, CJ. The Contempt Case is filed complaining that the respondent herein contracted a marriage in contravention of an order of this Court dated 1.11.2010 filed as Annexure-II by the contemnor. The abovementioned order is passed in I.A.No.2780 of 2010 in Mat Appeal No.234 of 2010. The respondent herein is also the respondent in the abovementioned Mat Appeal as well as in the interlocutory application. It appears from the said order that the abovementioned interlocutory is filed seeking stay of operation of the judgment and decree dated 25.2.2010 dissolving the marriage between the petitioner and the respondent herein. Aggrieved by the said dissolution, the petitioner herein preferred the abovementioned Mat Appeal. During the pendency of the appeal, the abovementioned I.A.No.2780 of 2010 came to be filed. 2. By order dated 1st November, 2010, a Division Bench of this Court declined to grant any interim order staying operation of the judgment under appeal in view of the stipulation contained in Cont.Case.730/11 2 Section 15 of the Hindu Marriage Act, the question of the respondent lawfully getting married during the pendency of the Mat Appeal did not arise. The application was, therefore rejected. 3. The instant Contempt Case is filed alleging that notwithstanding the abovementioned order, the respondent did in fact get married on 21st December, 2010 and therefore, he is liable to be punished for contempt of this Court. 4. Assuming for the sake of argument that the assertion that the respondent got married on 21st December, 2010 is true. Such an act of the respondent may entail other legal consequences, both civil and criminal. But, in our opinion, there is no contempt committed by the respondent as there was no direction to the respondent by this Court not to get married. In the circumstances, the Contempt Case is dismissed. J.CHELAMESWAR, CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs