Swetha S vs. Kanishk Kumar

HITEM NO.9 COURT NO.11 SECTION XVIA

S U P R E M E C O U R T O F I N D I A

CONTEMPT PETITION (C) NO. 33 OF 2011 IN T.P.(C) No.943/2009 (FOR PREL.HEARING)

SWETHA S Petitioner(s)

VERSUS

RECORD OF PROCEEDINGS

KANISHK KUMAR Respondent(s)

Date: 28/02/2011 This Petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE G.S. SINGHVI HON'BLE MR. JUSTICE ASOK KUMAR GANGULY

For Petitioner(s) Mr.Sanjeev K.Bhardwaj, Adv.

For Respondent(s)

UPON hearing counsel the Court made the following O R D E R This petition has been filed by the petitioner in Transfer Petition (Civil) No. 943 of 2009 for punishing the respondent on the ground of alleged violation of order dated 30.7.2010 by which a decree of divorce by mutual consent was passed under Section 13-B of the Hindu Marriage Act, 1955 read with Article 142 of the Constitution with some conditions. According to the petitioner, the respondent has not complied with clause (i) of the terms of settlement inasmuch as instead of paying the amount on due dates, he has sent letter dated 27.11.2010 enclosing therewith the post dated cheques. Since the petitioner has not disclosed whether the demand draft dated 25.11.2010 and cheque dated 20.2.2011 have been encashed, we do not find any valid ground to entertain her prayer. The contempt petition is accordingly dismissed.

( Satish K.Yadav ) ( Phoolan Wati Arora ) Court Master Court Master