P.D. Vs. U.W.

JUDGEMENT

(1.) The present petition has been instituted in respect of alleged violations of an order dated 08.02.2019, passed by the Family Court, Dwarka in Civil Suit No. 4/2019. The suit was filed by the petitioner (wife) against the respondent (husband). By the aforesaid order dated 08.02.2019, the Family Court granted an ex-parte injunction, restraining the respondent from proceeding with Docket No. FM-11-422-19L, filed before the Superior Court of New Jersey, Chancery Division, Family Part, Mercer County. The petitioner alleges that, contrary to the injunction granted, the respondent has, in fact, proceeded with the said petition.

(2.) The prayers in the petition seek initiation of contempt proceedings, attachment of the respondent's property, issuance of non-bailable warrants, and revocation of his passport. On 22.04.2019, notice was issued in this petition only with respect to the first of these prayers. The respondent has filed an affidavit in reply.

(3.) Ms. Jyoti Taneja, learned counsel for the respondent, raised a preliminary issue as to maintainability of this petition, in view of the fact that recourse to Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 ("CPC") is available to the petitioner. The submission was resisted by Mr. Prosenjeet Banerjee, learned counsel for the petitioner, who urged the Court to proceed in exercise of power under the Contempt of Courts Act, 1971 ("the Act") and Article 215 of the Constitution of India. Extensive arguments were heard on this preliminary issue on 24.05.2019, and by this order, I propose to dispose of the objections on maintainability raised by Ms. Taneja.