New Delhi: Taking the exception to the conduct of an NRI woman, who was transferring to an American court after the Supreme Court agreed before the Supreme Court to settle the matrimonial dispute with her ex -husband, seeking an order to stop the apex court from proceedings, the SC issued a notice to tell her that the proceedings should not be initiated against her.
A bench of Justice Bran Gawai and AG Masih said that after bringing her ex -husband into court notice, her conduct was highly contempt, which was filed in the US court and she was also against SC.
In this case, both husband and wife agreed to settle the matrimonial dispute before SC and had agreed to pay a one -time maintenance of Rs 1 crore to her and her son, which has now become a prominent. But after returning to America, he filed a new case in a court to increase maintenance. Subsequently, the husband through his lawyer Prabhjeet Johar sought direction to his ex -wife to withdraw SC in the US court. However, he later filed an application before the US court, seeking SC for prohibition to move forward.
Justice Gawai and Masih said, “Due to the record, it is clear that after making a statement before this court, in which the applicant (husband) agreed to settle the matter by paying a one -time maintenance amount of Rs 1 crore to him and his son.”
The bench said, “The applicant (wife) has now started proceedings in the US court for further maintenance. In addition, the applicant has filed an application in this court demanding an prohibition to prevent this court from moving forward. We find that the conduct of the applicant is highly contempt in nature.”
It issued a notice to the woman, asking that “contempt proceedings against this court should not be taken against her and why not be given a resulting punishment”. The court passed an order on a petition filed by the husband, giving directions to start contempt proceedings against him.
