AKASH MUKESH SHARMA Vs. UTTAM CHETRI

JUDGEMENT

(1.) Heard Mr. MK Sarma, learned counsel for the petitioners and Mr. A Biswas, learned counsel for the respondent.

(2.) This petition has been filed under Sections 10 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India alleging willful and deliberate disobedience by the respondent to the order of the appellate court dated 27.03.2019 i.e., passed by the Addl. Sessions Judge No.1, Kamrup (M) at Guwahati in Crl. Appeal No. 44/2019.

(3.) One Smti. Nandini Sharma filed a case against the petitioners under Section 12 of Protection of Women from Domestic Violence Act, 2005. Petitioner No.1 is the husband and petitioner No.2 is the mother-in-law of Smti. Nandini Sharma. The case was registered as Misc. Case No.40/2014 and was adjudicated upon by the Sub-Divisional Judicial Magistrate (S) No.II, Kamrup (M) at Guwahati. It appears that various orders were passed by the Magistrate for payment of maintenance by the petitioners to the wife. Subsequently, for nonappearance in Misc. Case No.40/2014, the trial magistrate i.e., Sub-Divisional Judicial Magistrate (S) No.II, Kamrup (M) at Guwahati issued orders dated 22.04.2016, 02.09.2016 and 13.02.2019 whereby non-bailable warrant of arrest and proclamation and attachment were issued against both the petitioners.