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Allahabad High Court

DR SMT KRISHNA TIWARIversusSHRI KRISHNA

Decided

Holding

The court did not proceed with contempt proceedings, granting the opposite party further time to comply and disposing of the application at this stage.

Summary

The applicant filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed the High Court's judgment and order dated 30‑04‑2025 in Writ Petition No. 11370 of 2025. The order had been personally served on the opposite party on 13‑05‑2025, but the applicant claimed it remained unimplemented. The court found a prima facie case for contempt but, noting procedural requirements, declined to issue notice at this stage. Instead, the court granted the opposite party an additional three months to comply and directed the applicant to provide stamped envelopes for service of the order and contempt application. The opposite party was instructed to comply with the writ court's directions and inform the applicant within a week thereafter. The court held that if compliance is not achieved, the applicant may approach the court again, and the contempt application was disposed of for the time being.

Issues considered

  • Whether the opposite party's failure to comply with the order constitutes willful disobedience punishable as contempt under Section 12 of the Contempt of Courts Act.
  • Whether notice to the opposite party is required before proceeding with contempt proceedings.

Legislation cited

Subjects

  • contempt of court
  • willful disobedience
  • Section 12
  • procedural compliance
  • writ petition
  • High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 2779 of 2026

Dr Smt Krishna Tiwari
                                                          .....Applicant(s)
                                  Versus

Shri Krishna
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)                   :   Rakesh Kumar Singh
Counsel for Opposite Party(s)              :


Court No. - 9
                HON'BLE ROHIT RANJAN AGARWAL, J.

1. Heard learned counsel for the applicant.
2. The present contempt application has been filed under Section 12 of the
Contempt of Courts Act for punishing the Opposite Party for willful
disobedience of the judgment and order dated 30.04.2025 passed by this
Court in Writ Petition No. 11370 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
30.04.2025. Copy of the order of writ Court was served upon opposite
party on 13.05.2025 personally, but according to the applicant, the said
order has not been complied with by the opposite party till date.
4. Prima facie, a case has been made out for punishing the opposite party
for willful disobedience of the judgment and order passed in the aforesaid
writ petition.
5. However, no notice is issued to the opposite party at this stage. The
opposite party is granted three months' further time to comply with the
order dated 30.04.2025 passed by this Court in Writ Petition No. 11370 of
2025 from the date of production of a certified copy of this order.
6. The applicant shall supply a duly stamped registered envelope
addressed to the opposite party and another self-addressed envelope to the
office within two weeks from today. The office shall send a copy of this
order along with the self-addressed envelope of the applicant with a copy
of contempt application to the opposite party within one week thereafter
and keep a record thereof.
                                                                                           CAPL No. 2779 of 2026
                                                                   2

                                    7. The opposite party shall comply with the directions of the writ court
                                    and intimate the applicant the order through the self-addressed envelop
                                    within a week thereafter.
                                    8. In case, the opposite party does not comply with the order, it would be
                                    open to the applicant to approach this court again.
                                    9. With the aforesaid observations, this application is finally disposed of
                                    at this stage.


                                                                                   (Rohit Ranjan Agarwal,J.)
                                    May 6, 2026
                                    (V. S. SINGH)




Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad


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