ANUBHA Vs. VIKAS AGRAWAL

JUDGEMENT

(1.) IA No. 4197/2004 (contempt) The question involved in the present contempt application is whether the proceedings for execution of contempt order passed against the defendant should be monitored by this Court or should the proceedings of the present contempt case be adjourned sine die till the time the defendant is extradited to face the trial in respect of other connected extraditable matters which are purportedly pending against him in the District Court of Gautam Budh Nagar(UP). Before deciding the said question, it would be pertinent here to give the brief background of the case.

(2.) THE plaintiff got married to the defendant Mr.Vikas Agrawal, a Non-Resident Indian (NRI) on 11.5.99 according to Hindu rites and ceremonies. THE defendant was a Non-Resident Indian at the time of marriage residing at 29, Woodlawn Avenue, Ansonia, Connecticut-06401 (USA) and was a HBI-4 Visa Holder. He was employed as a software Engineer with M/s CAPITAL ONE at 11011, West Broad Street, Glen Allen, Virginia-23060 (USA).

(3.) THE suit has been ultimately decreed by this Court on 27.9.2002 granting the relief as prayed for in the main suit. However, on 09.3.2000, this Court had issued a suo moto contempt notice against the defendant on account of the fact that it was brought to its notice that the defendant despite a restraint order having been passed against him, not to pursue his divorce petition before the Connecticut Court, USA had chosen to pursue the same and obtained divorce from the said Court. Show cause notice of contempt was not replied and this Court ultimately vide order dated 20.5.2004 held the defendant guilty of wilful and contumacious violation of the order dated 05.11.1999 of this Court and it had accordingly sentenced him to SI for three months and to pay a fine of `2,000/- under Section 12 of the Contempt of Courts Act and in default of payment of fine, the defendant shall undergo SI for one month.