A S SHIVANKAR Vs. K K V KURUP

JUDGEMENT

(1.) This contempt petition arises from a reference made by Shri A.S. Shivankar, learned Judge of the Family Court No.2 at Mumbai under Section 15(2) of the Contempt of Courts Act, 1971 (the Act for short).

(2.) In M.J. Petition No.A-397 of 2003, an application for interim maintenance was moved by the petitioner-wife on 17/4/2003 and the present respondent Mr.K.K.V. Kurup had appeared as an Advocate for the respondent no.1-husband. When the Maintenance Application was taken up for hearing, the respondent-husband filed a written application at Exh.16 and made allegations against the then learned Judge Shri Palnitkar, who consequently requested the learned Principal Judge, Family Court, for transferring the case from his court. The respondent-husband again filed an application at Exh.17 on 3/1/2005 stating that he has received a phone call to the effect that on giving certain amount to the Presiding Judge of the Family Court favourable orders could be passed and, therefore, he made the allegations. This application at Exh.17 was sought to be withdrawn by a pursis at Exh.19 with a request not to transfer the application and to be heard by the same court. The application, therefore, remained pending and Shri Shivankar took charge of the said court on 9/5/2005. On 1/7/2005 the respondent-husband submitted an application at Exh.20 for adjournment on the ground that his Advocate Mr.Kurup had gone to South America (Brazil) and would be returning only after 20/7/2005. The application was opposed on number of grounds. The learned Judge passed the following order:-

(3.) The learned Judge was of the view that this verbal attack on him was an insult and disregard to the court and the allegations scandalised the court. The respondent was, therefore, told that on account of such a conduct the permission granted to represent the respondent-husband would be revoked. The respondent was uncontrollable and, therefore, the peon and the police were directed to take the respondent out of the court hall. This incident had happened in the presence of number of Advocates who were sitting in the court hall and some of them were, Dilip Teli, Shilpa Joshi, Anita Dalvi, Alka Khokar, Anagha Shingrut, S.K. Sheela, J.J. Shah, Prashant Chunekar and Madhubala Shetty and also the litigants present.