Wife wants 40000 p.m! Her mum, a prominent lawyer seeks judge’s personal favor & gets exposed! MP HC
While hearing the matter, Hon’ble Judge made a public statement in the Court clearly stating in presence of counsel for the petitioner Mr. A.S. Rathore, counsel for Mrs. Radhika, some senior lawyers and some other lawyers practicing before this Court that the present respondent, the mother of Mrs. Radhika had come to his house to make an approach for obtaining a favourable order. Hon’ble Judge expressed his anguish and anger by saying that it was uncalled for and was undesirable, due to which he was not willing to hear the matter. The Hon’ble Judge also stated in the Open Court that in view of the conduct expressed by the present respondent, he would not like to hear the matter.
HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Hon’ble Shri P.K. Jaiswal and
Hon’ble Shri Virender Singh, JJ.
Contempt Criminal No.1/2016
Ritwik Garg S/o Shri Ramesh Garg
Smt. Nisha Dubey W/o Shri Deepak Dubey
Shri Prateek Maheshwari, learned counsel for the
(Passed on 25th of November, 2016)
Per : Virender Singh, J.
It is submitted by learned counsel for the petitioner that divorce petition is pending between the petitioner and Mrs. Radhika Garg, in which the Court has fixed maintenance @ Rs.40,000/- per month as alimony. Later, the petitioner found some documents and filed an application for modification of the order granting aforesaid alimony. Mrs. Radhika did not co- operate with the Court in disposing this application, therefore, Court closed her right to file reply. The said order challenged by Mrs. Radhika before this Court vide W.P. No.8314/2015. The order passed by the trial Court for taking the affidavits on record was also challenged before this Court vide W.P. No.7046/2015. It is averred that the respondent Smt. Nisha Dubey, the mother of Smt. Radhika and daughter of a former Judge is well versed with the Court proceedings and she herself a Law Graduate and is imparting education in the legal field as Principal of Indore Law College. She also had been Vice-Chancellor of Baraktullah University, Bhopal. She knows the piousness of the Court proceedings. She also aware of the fact that how a distance from a Judge is to be maintained by a Lawyer, litigant or relation of a litigant.
It is further submitted that the petition filed by Mrs. Radhika came-up for hearing before Hon’ble Shri Justice Prakash Shrivastava on 07/12/2015. After hearing, the Court issued notice on the question of admission and on IA No.6139/2015 and thereafter present petitioner filed his detailed reply in the matter. The case came-up for hearing on 08/03/2016 before Hon’ble Shri Justice S.C. Sharma, who directed that the matter be listed before other Bench but the matter was again listed before Hon’ble Shri Justice S.C. Sharma on 09/03/2016 at motion hearing Serial No.139 in the Daily Cause-List and came-up for hearing before lunch-break. While hearing the matter, Hon’ble Judge made a public statement in the Court clearly stating in presence of counsel for the petitioner Mr. A.S. Rathore, counsel for Mrs. Radhika, some senior lawyers and some other lawyers practicing before this Court that the present respondent, the mother of Mrs. Radhika had come to his house to make an approach for obtaining a favourable order. Hon’ble Judge expressed his anguish and anger by saying that it was uncalled for and was undesirable, due to which he was not willing to hear the matter. The Hon’ble Judge also stated in the Open Court that in view of the conduct expressed by the present respondent, he would not like to hear the matter.
According to the petitioner, the conduct of the respondent has scandalized and lowered authority of the Court and amounts to Contempt of Courts as defined in Section 2 (c) of the Act and punishable under the Contempt of Courts Act. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; https://twitter.com/ATMwithDick
It is requested to take appropriate action against the respondent and punished for her act for criminal contempt.
The petitioner has filed copies of the order-sheets of W.P. No.8314/2015 dated 07/12/2015, 08/03/2016, 09/03/2016 and 10/03/2016 and the sanction obtained from Advocate General for preferring and prosecuting the present petition.
The petition is also supported with the affidavit of the petitioner.
We have gone through the record.
It is submitted by the petitioner that the Hon’ble Court expressed his anguish and made a public statement that the respondent had approached him. But these facts did not find place in the record of the Court in the order-sheets of W.P. No.8314/2015. It is stated that a request was made to Hon’ble Judge to record the conduct of the present respondent in approaching the Hon’ble Judge but the Hon’ble Judge refused to do so, stating that when such a statement was made publically and openly in the presence of lawyers which includes lawyer of the respondent, there was no need to record the same. But prima facie without any supporting evidence, this is improbable, unnatural and unbelievable.
In the present petition, no statement of Judge is on record in any way. Order-sheet dated 09/03/2016 simply states:-
“Parties as before this Court.
Office is directed to comply with the order dated 08/09/2016 and the matter be listed tomorrow positively i.e. 10/03/2016.”
Looking to the nature of incident only a Judge who was approached by any party was the best witness or his statement was the best possible evidence but in the present case, nothing has been stated or recorded by the Judge.
The petitioner submits that the Judge had made the alleged statement in the Open Court in presence of many persons including the lawyers but neither any record of the Court nor any affidavit of the persons who were present at the relevant point of time, showing occurrence of any such incident has been filed by the petitioner.
It is also pertinent to mention that during the said proceedings, the petitioner was not present in the Court. He has mentioned in the affidavit filed in support of the petition that he made an inquiry from his counsel, who informed him that the respondent has approached the Hon’ble Judge at his residence for obtaining a favourable order for her daughter Mrs. Radhika. It is further mentioned in the affidavit that his counsel Shri A.S. Rathore informed him that such statement was made in his presence. Shri Rathore also informed him that such statement was made by the Judge in the presence of other lawyers practicing in the High Court. Thus, it is clear that the petitioner had not heard the statement of the Judge directly or personally. His statement is based on the information of his counsel but any statement on affidavit has not been filed by the counsel Shri Rathore, therefore, the statement of the petitioner is only a hearsay evidence, which is not supported by any document and cannot be made basis for initiation of any contempt proceedings against the respondent. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; https://twitter.com/ATMwithDick
It is clear that the learned Judge has recorded nothing in the proceedings, the petitioner was not present during the Court proceedings, persons present there have not supported the statement of the petitioner, any legally admissible evidence about the remark of the learned Judge regarding contemptuous conduct as alleged by the petitioner is not available on record, therefore, initiation of any criminal contempt proceedings, as requested for by the petitioner cannot be done against the respondent.
Learned counsel for the petitioner placed reliance on the decisions in the matter of Devi Jude vs. Hannah Grace & others 2003 Vol.6 Judgment Today 484, Reliance Petrochemicals Limited vs. Indian Express Newspapers AIR 2004 SC 456, Abdul Karim vs. M.K. Prakash and others (1976) 1 SCC 975 and State of Maharashtra and others vs. Ravi Prakash Babulalsing Parmar and another Manupatra 2006 SC 4725 but these judgments are distinguishable on the facts with the present case and not helpful for the petitioner.
Considering the aforesaid and keeping in view the various disputes pending between the parties, we find that the averments made in the petition are not sufficient to initiate contempt proceedings against the respondent, therefore, the admission is declined and petition filed by the petitioner is hereby dismissed.
(P.K. Jaiswal) (Virender Singh)
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