Contempt of Court

Contempt of court is any action that is performed by any person in defiance of the authority of a court of law, an action that disrespects the court, or one that hinders the court from delivering justice. Usually, an offence of the contempt of court is between the court of law and the offender but if a third party is also found to be in contravention of the values the court then such a third party can also be held guilty for contempt of court. Judges, magistrates, law officers or any person who is authorised to act judicially can also be held liable for contempt of court in the same manner as any other individual. However, if a judge, magistrate or any person who has been authorised to act in a judicial capacity makes a remark or observation on the subordinate court in case of a revision or appeal before it, then such a judge, magistrate or the person authorised to act in judicial capacity cannot be held to be in contempt of subordinate court with regard to the judgement or order passed by the subordinate court.

There are usually four conditions that establish that a person has acted in contempt of the court:

1.    The court had made a legal and valid order,

2.    The person in contempt was in the knowledge of this order,

3.    The person in contempt was in the position to comply with the order, and

4.    The person in content deliberately and willfully disobeyed the order of the court.

The reason why contempt of court is a criminal and civil offence is so that the supremacy and dignity of law and the body that delivers justice and equity can be upheld. If people were to be allowed to indiscriminately disregard and disrespect the law then the trust of the society upon the law and the legal system would be broken, bringing about the downfall of the nation’s legal structure. This cannot be allowed to happen in any case and therefore the offence of contempt of court finds a place in civil and criminal law. It should be noted that the contempt of court as an offence does not seek to protect the person or judge that delivers justice but the institution of the court of law as a whole.

In order to uphold the machinery of delivery of justice, a court cannot impose a sentence of contempt of court until and unless it is completely satisfied that the alleged act of contempt of court interferes substantially or tents to interfere substantially in the process of delivery of justice.

Contempt of Court in India

There are two categories of contempt of court in India: Criminal Contempt of court and Civil Contempt of court.

•    Criminal contempt of court

The Contempt of Courts Act, 1971 defines criminal contempt under section 2(c). It says that any publication through any platform like written or spoken words, signs, visual representation or any other form, that fulfils any of the below-mentioned criteria is a contempt of court:

i.    A publication that lowers the standards or tends to lower the authority of the court;

ii.    A publication that scandalises or tends to scandalise the authority of the court;

iii.    A publication that interferes or prejudices or tends to interfere or prejudice the course of the court’s judicial proceedings;

iv.    A publication that interferes or obstructs or tends to interfere or obstruct the delivery of justice by the court.

•    Civil contempt of court

Civil contempt of court is defined in section 2(b) of the Contempt of Courts Act, 1971. As per this definition, civil contempt is any willful and voluntary disobedience of any order, decree, judgment, writ, direction or any other process of the court. It also includes the willful and deliberate breach of any undertaking that may be given to the court by the person in contempt.

Period of Limitation

The period of limitation within which a contempt of court proceeding of either criminal or civil nature can be filed is specified in Section 20 of the Contempt of Courts Act, 1971. Accordingly, a court has to initiate contempt of court proceeding within a time period of one year from the date when the alleged act of contempt was performed. After the expiry of this one year time period, the court can no longer take action against the accused.

Penalty for Contempt of Court

The punishment of contempt of court as provided for in Section 12 of the Contempt of Courts Act, 1971. The offence of contempt of court carries with the penalty of a prison term of a maximum period of six months, or a fine up to rupees two thousand, or both. However, this section also has a provision that if the accused makes a proper, bona fide apology to the court, then the aforementioned penalty can be remitted or the accused can be discharged from imprisonment. The detention for contempt of court in civil cases is carried out in a civil prison.

If the accused party is not an individual person but a company or a corporate entity, then the company along with all the people who were in charge of and responsible for the conduct of a business of the company shall be held liable for contempt of court. However, if such a person in charge or person responsible for the conduct of a business of the company successfully proves that the contempt was committed without his knowledge or that he had performed all the due diligence in order to prevent the commission of contempt of court, such a person shall not be held liable.

The High Court and the Supreme Court too have special provisions to deal with contempt of court under section 14 of the Contempt of Courts Act, 1971. As per this provision, if either the High Court or the Supreme Court is of the opinion that someone has acted in contempt of its court proceedings, then the court can on the same day, before the rising of the court, and if not on the same day then as soon as it can, inform such person in contempt, in writing that he or she is going to be charged with contempt of court. In such a case, the court shall also allow such a person in contempt with an opportunity to defend him or herself. After the court has taken in evidence and after hearing the defence of the person in contempt, shall come to the decision whether contempt has actually been committed or not. The person who has been charged with contempt of court can apply before the relevant court to transfer the hearing of the contempt case before another judge. The court will consider this application and if it believes that transferring the case would be in line with the proper administration of justice and also a practical step, then it shall place the matter before the Chief Justice of India, along with the statement of facts of the case. The Chief Justice will then consider and pass the relevant direction as it thinks fit. If the case is transferred and tried before a judge or judges in whose court the contempt did not occur, then the judge or judges in whose court the contempt was actually committed need not appear as witnesses to the case and the statement of facts that was put before the Chief Justice of India will be treated as evidence for this case.

While the contempt of court case is pending in the court, the person who has been charged with contempt can be directed to be put under custody if it is deemed necessary. The option of release on bail is available for contempt of court, however, the court can also release the accused upon execution of a bond without sureties.

Procedure of Criminal Contempt of Court

Apart from the powers entrusted upon the High Court and the Supreme Court to try contempt of court cases in section 14, the Contempt of Courts Act, 1971 also has specific provision for trying contempt of court cases of criminal nature under section 15 of the same Act. Action against criminal contempt of court of a High Court or the Supreme Court can be taken by any of the following bodies:

•    The High Court or the Supreme Court itself;

•    The Advocate- General;

•    Any person who has received consent from the Advocate- General to take such action;

•    In a case when the High Court of the Union Territory of Delhi, any Law Officer that the Central Government has specified by way of a notification in the Official Gazette, or any person who has been so authorised by way of a written consent from such a Law Officer.

If the act of criminal contempt of court has been committed in a court lower than the High Court, then the High Court can take action if such subordinate court makes a reference before it through a motion initiated by the Advocate- General. And if such a subordinate court is located in a Union Territory of India, then a Law Officer who has been notified by the Central Government by way of a notification in the Official Gazette can refer such a matter.

All such motions or references of criminal contempt of court have to necessarily specify what act of contempt the accused is being charged off. Moreover, it is worth noting that an ‘Advocate- General’ in case of the Supreme Court means either the Solicitor- General or the Attorney- General. And in case of the High Court, an ‘Advocate- General’ is the Advocate- General is the Advocate- General of the state in which the High Court is situated.

The notice of criminal contempt of court (as provided for in section 15) has to be delivered in writing and in person to the accused charged with the offence. If the notice is not delivered as such, the court has to record its reasons for the same. If the contempt of court proceedings are initiated upon a motion by the authority mentioned above, then this notice is served to the accused along with a copy of the motion and, if there be any, copies of the affidavits on which the motion is based. If the contempt of court case is based on a reference to the higher court by a subordinate court, then the copy of the reference is also served to the accused along with the notice. Furthermore, if the court is of the opinion that the accused may abscond or fail to present him or her before the court for proceedings, it can make orders to attach the property of the accused of the value as the court may deem necessary. Attachment of the property of the accused is carried out as per the procedure laid down in the Code of Civil Procedure, 1908, specific to the procedure for attachment of property when the decree is money decree. If the accused person whose property has been attached show is successfully able to convince the court that he or she did not abscond and or did not take any action that would amount to him or her being prevented from serving the contempt notice, the court can issue another order to release the attached property.

A person who has been charged under section 15 for contempt of court has the right to file an affidavit in order to defend them. The court will then decide upon the matter either on the basis of the affidavits filed and can also take in additional evidence. Furthermore, the bench that decides upon such criminal contempt cases should consist of two or more judges, except for when the deciding being is of the Court of the Judicial Commissioner.

Appeal

A person accused of contempt of court has the right to appeal the decision of the High Court. If the decision has been passed by a single judge bench, then the appeal will lie with a bench of two or more judges. If the decision has been passed by division bench or the Judicial Commissioner, then the appeal shall lie with the Supreme Court. If the appeal has to be filed with the High Court, then the period of limitation is of 30 days but if the appeal has to be filed before the Supreme Court then the limitation period is increased to 60 days.

DIVORCE UNDER SPECIAL MARRIAGE ACT

Earlier, marriages were initiated where the bride and the groom were unaware of their identity getting hitched to, as every decision was taken by their respective guardians and meeting of bride and the groom was not a custom that prevailed (however this was in the ancient times).Times have changed and every decision identifying with marriage is taken by the bride and groom themselves in this age of nuclear families and heightened individuality.

In India, the general audacious practice is that parents select the prospective bride/groom for their children from the same caste as theirs. Inter-caste marriage is as yet considered a taboo in many areas and strata in our nation. India still follows a very rigid structure of the caste system. Individuals are relied upon marrying within their caste and whoever marries out of their caste and 'challenges' the traditional obstructions are disregarded in the society either specifically or in a secretive way.

Things get outrageous in specific situations where the families take inter-case/ inter-religion marriage as a badge of eternal dishonor. The society has turned out to be numb to the expression "honor killings" which are reported every year. Unfortunately, the families take pride in indulging in such activities.

There came a grave requirement for a law to defend the interests of those individuals who need to go for inter-caste marriage. Accordingly, the Parliament enacted the Special Marriage Act, 1954 which accommodates for a special form of marriage, its registration, and divorce. A marriage between any two persons belonging to any religion or creed may be solemnized under this Act. Being a secular Act, it plays a key role in liberating individuals from customary requirements of marriage.

The Special Marriage Act ("SMA") is not worried about the religion of the individual aiming to get married. This applies to all parties who are registered under the SMA. The Act is not worried whether the marriage occurred between the people of same religion or between persons of a different religion.

Moreover, as stated earlier the Special Marriage Act not only governs the marriage but also governs divorce between the spouses of a different religion. Sec. 28 of the Special Marriage Act primarily deals with the provisions relating to obtaining a divorce by mutual consent in respect of a marriage solemnized and/or registered under the Act, a petition for divorce by mutual consent may be presented to the District Court.

Important points to be noted- A few key points to be considered while seeking a divorce by mutual consent are as follows:

1. A petition for divorce must be presented to the District Court by both parties together.

2. The petition must be on the grounds,

•    That they have been living separately for a period of one year or more,

That they have not possessed the capacity to live together. But, in cases where the court is of the view that the petitioner has suffered endured outstanding or the respondent has demonstrated immorality on their part, a petition for divorce would be maintained, but if any misrepresentation is found on the part of the petitioner to apply for divorce before the expiry of 1 yr, the court may if any order has been passed, state the order to take effect only after the expiry of 1 yr, as mentioned in Sec. 29 of the SMA Act, and

•    That they have mutually agreed that the marriage should be dissolved.

3. The petition may be presented only after one year from the date of entering the certificate of marriage in the Marriage Certificate Book. However, relaxation may be provided in cases where exceptional hardship is suffered by the petitioner or in cases of exceptional depravity on the part of the respondent.

4. The petition seeking divorce by mutual consent could be presented to a District Court, within whose jurisdiction, either,

•    The marriage was solemnized,

•    The respondent resides, or

•    In case the wife is the petitioner, where she is residing,

•    The parties to the marriage last resided together, or

•    The petitioner resides, in cases where the respondent is residing outside the territories to which the Act extends.

5. Between 6 months after, and within 18 months of, the date of presentation of the petition seeking divorce by mutual consent, both parties must make a motion together seeking a grant of a decree of divorce.

6. Before passing a decree of divorce, the District Court considers the following, among other aspects:

•    That the petition has not been withdrawn yet,

•    That a marriage has been solemnized under the Act,

•    That the averments in the petition are true,

•    That consent for divorce has not been obtained by force, fraud or undue influence,

•    That there has not been any needless or improper delay in instituting the proceedings.

Thus, for obtaining a divorce by mutual consent under the Special Marriage Act the above-mentioned provisions and the procedure must be fulfilled by the spouses.

Provisions relating to Alimony pendente lite, permanent alimony, and maintenance:

Parties desirous of obtaining a divorce by mutual consent must, however, keep in mind that the Act also contains provisions dealing with a grant of alimony and maintenance, both permanent and during the pendency of the proceedings. In the cases of divorce by mutual consent, the parties may agree to the terms relating to payment of alimony or maintenance and the same may be incorporated in the pleadings before the Court. However, care has to be taken that suitable provisions are incorporated in the pleadings to avoid future misunderstandings or litigation. It is therefore advisable that, while discussing the various issues connected with seeking a divorce by mutual consent with their advocates, the parties must specifically discuss their arrangement and agreement on alimony and maintenance, and take suitable steps to ensure that their interest is safeguarded.

Documents needed

•    Notice duly filled and signed by both the parties;

•    Affidavit declaring that all the conditions have been fulfilled (your age, no living spouse etc);

•    Residence, DOB & ID;

•    Passport size;

•   Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower, and

•    In case of a foreign national, a no-objection certificate from the concerned Embassy regarding his / her present status.

For further legal query relating to divorce or if you are in need of topmost divorce attorney then you can reach out to Legalresolved which is an online platform where you can find solutions to your legal queries, contact lawyers for legal aid, and manage appointments with the best and top most divorce lawyers in your city.

Lawyers for divorce in Delhi

Life gives you many beautiful memories with some sour ones too. But you cannot blame anyone for it. This is a part of life filled with some memorable and some disturbing moments. On one hand marriage gives you an unforgettable time which can be cherished for your whole life and at the other hand if a couple is going for divorce, it may lead to unravel your chaotic facets of life. If you are determined to get separated, all you have to do is to file a divorce petition before a court of appropriate jurisdiction. Legal resolved has the best team of lawyers for divorce in Delhi who can assist and advice you at every phase of court proceedings.

 A couple must have gone through a lot of emotional turmoil during his or her marriage if it has not worked as per their conditions. Filing of divorce is really distressing in India as it takes years to have a final decision in your hand. But with the help of legal resolved you might get the best advice from our advocates who will assist and counsel you on your divorce petition and with the procedures of court.

For this issue you need to hire an efficient and successful lawyer through the panel of Legal resolved divorce lawyers who will take interest and will substantially advise their clients throughout the long process of court.

Our divorce lawyers can handle numerous issues on maintenance, alimony cases, complaints on 498A, custody of child, mutual consent divorce, adultery cases, infidelity cases, willfully having sexual relationships with the other person, abandoning petitioners, sexually deficient, having incurable diseases, insanity, contested divorce and many more.

Legal resolved lawyers will help you from starting with the drafting of divorce petition based on the grounds of divorce as per the Indian divorce laws till end of the final result.

It’s very easy to get enrolled with our website. You just need to get register with the particulars and details of the client with the details of your case. A list of lawyers located will be displayed on your screen with their office addresses and respective numbers.

You just need to get give the whole detail about your marriage that how and when it happened, what went wrong and what lead to break up of the marriage. Provide with all the relevant documents so that it can facilitate you in the case proceedings and with the relevant courts.

The consequence of filing for divorce is stressful though challenging and requires tremendous mental pressure to handle these social stigmas but consulting legal resolved lawyers for divorce in Delhi will help you to get through all these pressures. Our advocates can give you the efficient legal aid and also can help you with mediation process at nominal fees.

 

Property Settlement Disputes In Family

In a country like India disputes related to property are frequently arising because of various difference in opinion and today’s property disputes not only limit to ancestral property but also ranges to various matter like illegal possession of property or disputed title, rental disputes, builders disputes and many others.Delhi being the metro city is more likely to face this kind of problem like dishonest possession, disputed title through these property matters are very chaotic but we can aid you by providing top property advocate in Delhi by making the process simple and less chaotic.

Thus A property dispute refers to any legal dispute involving real property, also known as real estate. Real property is immovable property attached directly to the land.

According to the survey, around 66% of all matter researched are disputes related to property-related l, and 10%, on the second number, are family matters.

Though other issues related to litigation were permanent injunction recovery of money (8%). Thus we can’t ignore the fact that property matter relates to the highest proportion as compared to any other matter which is more concerning fact.

Though Indian government has made many other legislation or statutes to regulate the contingencies happening in various property related matter but as we know this legislation are not every one cup of tea and only some of them are pioneer in this and our company “legal resolved “provide you best property advocate in Delhi to deal with any property matter with much assured guarantee of success.

Property disputes may contain some very specific legal cases, and property issues differ from person to person. And it is possible to face various legal issues. And thus it is advisable to appoint best property lawyer in Delhi if you want assistance regarding resolving any property dispute. Irrespective of whom the parties are, or nature of legal issues involved, the aid of a lawyer is essential for these types of matters. Your advocate should be well informed about the property laws in your state and can help you through the process, from filing suit to trial, if essential

Property dispute is a very frequent rising legal dispute in India where two or more party has conflict in terms of a property. Though as a initial step the parties themselves will try to find the solution for the problem without a lawyer, if not will approach to a property lawyers India to file a case against other party and proceed further with the court to get justice. At the platform of legal resolved you can find out many property advocates in Delhi to fight on your behalf 

Our property lawyer are pioneer in resolving dispute which cover dishonest possession, family property arrangement, builder disputes, title dispute, and real estate disputes under RERA act. Please find the best property lawyers in Delhi those who can handle property related matters in Delhi

PROPERTY LAWYERS- ONE STEP SOLUTION TO ALL PROPERTY DISPUTE

Property is the most essential wealth that every man wants to secure it by all means. For any individual who might get into matters related to property are the most indispensable and stressful stage. It is not only about the property but about the individual’s rights or interests inherent with that property. A property holder having different rights or interests in his property may get into a property matter relating to partition of joint property, tenant-owner issues, mortgage fraud, verification of property documents, real estate tax and probate, and many more. Property dispute in India is not a new concept that we have been hearing now. If we review the history of India then we can comprehend from the fact that property dispute has already been emerged since past. Accordingly, LegalResolved comes about situations regarding property issues. We have our connections in most of cities of India and can assist you to connect with over 1000+ lawyers nearby your place. LegalResolved have the linking of top property lawyers in Bangalore, Delhi, Mumbai, Pune, Hyderabad, Chennai and many more. So, now you can choose the best lawyer by taking help from the LegalResolved  at any time and from anywhere you want.

Property dispute happens over each stratum ranging from rich family to poor family units hence making the demand for property lawyers at spiking stage. Since property matters playing its role from traditional past, abundant property laws in India have been enacted as such the Transfer of Property Act 1881, the Succession Act 1925, Registration Act 1908, Rent control Acts and there a different other state laws deals with property disputes in India. The provision of these laws deals with various remedies that a property holder can have such remedies when faces any property dispute. As a lay man where he has no such legal knowledge about any laws relating to property so it becomes necessary to consult property lawyers to get the best legal solution for a property dispute.

For instance, a person is in need to buy a property in Bangalore. But without having the legal awareness with regard to property laws he cannot proceed with further stages. LegalResolved can support you to associate with a property Advocate in Bangalore in order to guarantee that such assistance is stress-free on the buyer for many reasons including his pocket. There may be an agent associated with such property prospect but they can also dupe their customer into trusting that there are no better options available but LegalResolved will suggest you with the best option that you can have at your fingertips.

Real Estate Litigation and Dispute Resolution - Legal Resolved

Our land suit legal advisors have an abundance of involvement in a range of land related debate. We speak to an expansive scope of land industry customers in state and government (counting chapter 11) courts, and we fill in as backers at the trial and re-appraising level; before regulatory offices; and in all types of option question determination, including assertion and intervention. Be that as it may, we are more than litigators: we comprehend the land business and set aside the opportunity to take in the complexities of our customers' organizations also.

Our customers are proprietors, speculators, manufacturers, moneylenders, engineers, business and private landowners, business occupants, specialists and operators, contractual workers, banks and monetary establishments, proprietors' affiliations, and media transmission bearers. We have dealt with question including basically all types of property interests, from substantial business advancements and pooled contract trusts to apartment suite structures and crude land.

Our land prosecution encounter incorporates:

• 1     Buy and deal assertion debate.
• 2     Joint proprietorship debate (e.g., organizations, LLCs, cotenants and different question between members inside a possession gathering).
• 3    Calm title prosecution and antagonistic ownership claims.
• 4.       Land pledges debate
• 5.       Easement debate
• 6.       Timber trespass arraignment and barrier.
• 7.       Exhorting and speaking to mobile home stops and coasting home marinas
• 8.       Land financier claims
• 9.       Business and private rent question – landowner rights
• 10.   Business rent question – inhabitant's rights
• 11.   Expulsions and removal resistance
• 12.   Legal and no judicial abandonments
• 13.   Safeguarding "wrongful dispossession" activities
• 14.   Receiverships and liquidation prosecution
• 15.   Lien question
• 16.   Famous space/judgment
• 17.   Title protection claims

Our lawyers know about the land business and markets in the regions where they rehearse. They are perceived pioneers in a land suit and are creators and moderators on land-related themes. They likewise work intimately with our land exchange authorities to convey the savviest and profitable counsel to illuminate question. Since the present land issues are progressively perplexing and quickly changing, our litigators additionally work with our company's specialists in development, ecological direction, chapter 11 and other related territories of specialization to convey custom lawful administrations to fit your needs.

Our approach is centered on settling your debate in the way most fitting for your business. Since the common suit is regularly a wasteful approach to determine debate, we generally investigate all accessible open doors for counteracting or settling any question through able arranging, transaction, and settlement or intervention techniques. Be that as it may, when you are compelled to secure or guard your property rights, we are here to speak to you as forceful, successful and effective supporters.

On the off chance that debate is not settled by arrangement, they will be closed either by court suit or an option type of question determination. The most well-known different strategies are discretion and intervention. The previous is regularly stipulated as the favored strategy in business contracts, and is basically a private court, while the last is by and large accomplished through organized arrangements between the gatherings, regulated by a free middle person. 

A DIFFERENT TAKE ON DIVORCE: RETAINING THE RESPECT

“There was no violence, no demand for dowry, no cruel in-laws, no negligence, no financial reasons, but no love either. We had no apparent reason to separate, neither was there any reason to stay together. We both found love in other streams of life, and we mutually decided to part ways.”

This was said to us by a young couple in mid-thirties, seeking mutual consent divorce and settlement of child custody, in the busy and bustling Delhi. They did not want to go for marriage counseling and work on the relationship but were determined to seek divorce and separation.

“The point is that we receive a number of cases a Month where couples seek mutual divorce, with the only reason being that they have lost their love and found it elsewhere, in other people. The mutual respect they have for is laudable, considering that they are separating. There is no quarrel, no complaints, no demands, they have parted emotionally and only need a legal sanction”.

-          Srijay, Business Development Executive, Legal Resolved

We see a new emerging trend wherein divorce is sought by couple who simply get tired of living with each other, and explore ways to bring love in life from other people, often leading to instances of infidelity and adultery. The catch is that both partners reach an amicable agreement between them and just need a lawyer to put it officially on paper. They do not complain or go for long drawn procedures in a contested divorce, no protracted false allegations, no dragging of entire family into false 498-A cases to inflict torture, no cooked up adultery stories against each other, but decide to separate peacefully. Though the rates of divorce have gone up, the settlement becomes easy because they do not play tug of war with the assets or their children; they reach terms for maintenance, alimony and child custody.

Though the rates of adultery and infidelity have shot up, a considerable number of cases are solely due to this and there is no violence or cruelty on the part of either party, and they do not level accusations or demands against each other. It is a contrast to the conventional divorce scenario where you find them unable to stand each other and looking for ways to make their side of the case stronger. We cannot judge anyone, and I find these young couples more sorted and thoughtful than the conventionally intelligent older generation that usually had their lawyers spice up their side of the divorce petition to manipulate maintenance and alimony, and seek child custody. Though infidelity and adultery brings on frowns and invites more judgments than a cruel husband or in-laws (which is still regarded normal in atleast some parts of the society), we have seem these couples display more brain and tolerance and practical insight in dealing with life, love and loss. A divorce minus the grudge and courtroom battle and ego and all the rest of the negativity is less of a worry than those women and men who silently suffer the partner’s physical/emotional torture and live with it for the sake of family and society.

These are rather just examples of two sane people, who ended up with the wrong partner and could not make it work together, but are practical in dealing with the truth and retain their mutual respect, able to think from the other person’s perspective. One wrong step does not end your life, and the moment you decide to correct and move on is the moment you take control and change your life.