MARY SWAPNA Vs. JOJI JOSEPH

JUDGEMENT

(1.) This Contempt Case (Civil) is filed by the petitioner in O.P.(Div) No.959 of 2020 on the file of the Family Court, Alappuzha, under Sec. 12 of the Contempt of Courts Act, 1971, alleging non-compliance of an undertaking by the respondent contained in Annexure A5 mediation agreement dtd. 22/11/2023 entered into between the petitioner and the respondent which was made a part of Annexure A3 decree dtd. 29/11/2023 passed by the Family Court in terms of that agreement.

(2.) Going by the averments in the contempt petition, the marriage between the petitioner and the respondent was solemnised on 29/5/2006 and there is a male child born in that wedlock on 19/7/2008. The petitioner filed a suit as O.P. (Div) No.959 of 2020 for dissolution of marriage and M.C No.36 of 2020 seeking maintenance of Rs.6,000.00 each to the petitioner and her son, before the Family Court, Alappuzha. The matters were referred for mediation and on receipt of the mediation report the Family Court disposed of the suit as per the judgment and decree dtd. 29/11/2023 in terms of that agreement. As per the terms of the mediation agreement, the respondent has agreed to make a monthly payment of Rs.3,000.00 to the son of the petitioner by depositing in his bank account on or before the 10th of every month. He agreed to give a permanent alimony of Rs.1,00,000.00 to the petitioner within three months from 22/11/2023.

(3.) We have heard the learned counsel for the petitioner to satisfy whether any prima facie case of contempt is made out, so as to proceed further by issuing notice to the respondent as provided under Rule 9 of the Contempt of Courts (High Court of Kerala) Rules, 1971. The learned counsel would submit that after entering into a compromise with the petitioner in the mediation and suffering a decree in terms of that compromise, the respondent wilfully violated the decree which in effect is a wilful disobedience of an undertaking given to the Court and hence a civil contempt. The petitioner is entitled to proceed against the respondent by filing an Execution Petition before the jurisdictional Court in terms of Annexure A3 decree and simultaneously with the above contempt petition.