Allahabad High Court
SMT SARITA SINGHversusMRS. MONIKA RANI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of contempt exists, but the court refrains from issuing notice and instead grants the opposite party further time to comply with the original order.
Summary
The applicant, Smt Sarita Singh, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, Mrs Monika Rani, willfully disobeyed the High Court's order dated 10 September 2025 in Writ Petition No. 12928 of 2025. The order had been served on the opposite party on 27 September 2025, but the court found that it had not been complied with. While the court recognized a prima facie case of contempt, it chose not to issue a notice at this stage and instead granted the opposite party an additional three months to comply. The court directed the applicant to provide stamped envelopes for service of the order and contempt application, and instructed the court staff to forward the documents to the opposite party. The opposite party was also directed to comply with the original writ order and inform the applicant within a week of compliance. The application was ultimately disposed without proceeding to contempt proceedings, leaving the matter open for re‑application if non‑compliance persists.
Issues considered
- Whether the opposite party's failure to comply with the High Court's order constitutes contempt of court under Section 12 of the Contempt of Courts Act, 1971.
- Whether a notice is required before initiating contempt proceedings in the present circumstances.
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt
- willful disobedience
- Section 12
- High Court
- Writ Petition
- compliance
- notice
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2976 of 2026
Smt Sarita Singh
.....Applicant(s)
Versus
Mrs. Monika Rani
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Kumar Chahar
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 10.09.2025 passed by this
Court in Writ Petition No. 12928 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
10.09.2025. Copy of the order of writ Court was served upon opposite
party on 27.09.2025 through registered post, 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 10.09.2025 passed by this Court in Writ Petition No. 12928 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
CAPL No. 2976 of 2026
2
and keep a record thereof.
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 5, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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