Ajay Kumar Sinha Vs. Smt. Maya Sinha

.....record including the power to punish for its contempt. this special jurisdiction is inherent in a court of record from the very nature of the court itself. the said special power is not subject to the procedural law either of the criminal procedure code or the contempt of courts act. the high court can deal with the matter summarily and can adopt its own procedure. however, if the high court initiates the proceeding as a court of record, principle of natural justice must be applied and the contemner should be given sufficient opportunity to know the accusation and to defend himself. in the instant case, the contemner was served with the notice to show cause. he was well aware of the accusation. he also admitted his guilt. in view thereof, contention of the contemner lawyer that he was not heard on merit of the contempt application and the impugned judgment of punishing petitioner in contempt of court is violative of principles of natural justice, is not tenable. article 215: contempt proceedings review of conviction held, it is the solemn duty of the bench and bar to maintain and uphold the majesty, authority and dignity of the courts for the sustenance and progress of democracy in our country particularly at the juncture when there are number of instances of outside attempt to disintegrate and destroy the democratic set up of our country. such conduct of a member of the bar brings the authority of the court and the administration of justice into disrespect, erodes and undermine the foundation of the judiciary by shaking faith and confidence of the people in the ability of the courts to deliver free and fair justice, it is a deliberate attempt to insult the high court and denigrate the authority and solemnity and court strongly deprecate such attempt made with biased attitude. such indiscriminate allegations against judges, who are the members of the bench, cannot be a ground for review of the impugned judgment. punishment of prohibiting appearance of..........learned counsel for the appellant.2. this appeal has been filed by the appellant, who is the husband, against the judgment and order passed by the principal judge, family court, ranchi in miscellaneous case no. 40 of 2002 whereby considering the facts and circumstances of the case the court below directed the appellant for payment of rs. 5,000/- as per alimony.3. the respondent is the first wife of the appellant. out of the said wedlock, three sons and two daughters were born. without separation and without obtaining a decree of divorce, the appellant solemnized 2nd marriage and has been living with the second wife since for the last so many years. the daughters of the respondent have attained marriageable age. taking into consideration all these facts the court below directed the payment of rs. 5 lakhs for the marriage of the daughters and rs. 5,000/-per month by way of alimony.4. the appeal was taken up for hearing on admission on 22.1.2007 and this court passed the following order:issue notice to the respondent in the admission matter.requisites etc under registered cover with a/d must be filed within one week.in the meantime, the operation of the impugned order shall remain stayed subject to the following conditions:(i) the petitioner shall immediately deposit of rs. 3,00,000/- (three lakh) for meeting the marriage of the daughter.(ii) the petitioner shall go on paying rs. 3,000/- (three thousand) per month as maintenance pendente lite till the disposal of this appeal.5. learned counsel for the respondent-wife submitted that the appellant has not complied the aforesaid order except payment of two installments of monthly alimony.6. in the aforesaid premises the order dated 22.1.2007 is hereby recalled. needless to say, the court below shall proceed to execute the order, in accordance with law.7. this appeal will be heard.8. call for the lower court records.9. since the respondent has already appeared, no notice need be issued.10. prayer made by the counsel.....