HARGOWANDAS B KOTAK Vs. CHIMANLAL VADILAL SHAH

JUDGEMENT

(1.) THIS is a notice of motion taken out by the applicant (who is defendant No.2 in the suit) against the respondent, Chimanlal Vadilal Shah, the managing director of Shah Publicity Corporation, Ltd.

(2.) THIS suit is filed by the plaintiff against two defendants. Defendant No.1, who is the daughter of defendant No.2, is a minor. Plaintiff alleges that he is married to defendant No.1 and after the alleged marriage the plaintiff and defendant No.1 lived together at Poona. It is stated in the plaint that defendant No.2 caused defendant No.1 to leave the plaintiff, and although he made efforts, defendant No.1 had not returned to him. The prayers are for a declaration that defendant No.1 is the lawfully wedded wife of the plaintiff and inter alia for an injunction restraining defendant No.2 from preventing defendant No.1 from returning to the plaintiff. After the suit was filed, as defendant No.1 was a minor, proceedings were taken in chambers to get a guardian ad litem appointed for her. The summons first came before the Prothonotary and after hearing the parties he appointed Mr. Kirtikar, a Court officer, the guardian ad litem. An application was made to the Judge in chambers to re-hear this summons, as permitted by the High Court Rules. After hearing the parties, including the minor, the appointment of Mr. Kirtikar as guardian ad litem was confirmed. That order was made on July 7, 1941.

(3.) ON page 5 was published the statements which are contended to be contempt of the Court. An official translation of that statement is put in but that does not give a full impression of the effect of the original publication. The heading is spread over the whole width of the page. Thereafter in smaller bold letters observations in head lines are printed. Then follow statements under separate headings which are also printed in bold type. The statements themselves are printed in different types, some in larger than the rest. Obviously the difference in types is intended to emphasise what is printed in bold letters. Towards the end of that publication occurs the following: The question of guardianship. It is stated that the background, on which the question of guardianship has arisen, consists of a story similar to the enterprising romances appearing in movie pictures of the twentieth century. Considering it necessary to give a legal shape to the whole incident constituting the background, before putting the same before our readers, we have been doing the needful in the matter and only in a day or two, the whole incident, making one forget the thrilling and present-day novels, will be placed at the service of the readers of Matrubhumi.