Contempt Petitioner Cannot Be Insisted To Provide Name & Age Of Respondent's Father, Mother Or Husband: Kerala High Court

Update: 2023-07-20 04:39 GMT
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The Kerala High Court recently held that a contempt petitioner cannot be insisted upon to provide the age and name of the father, mother, or husband of the respondent in the contempt case. The Single Judge Bench of Justice V.G. Arun passed the Order on finding merit in the contention advanced by the petitioner's counsel that as per Rule 5(a) of the Contempt of Court Rules, the contempt...

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The Kerala High Court recently held that a contempt petitioner cannot be insisted upon to provide the age and name of the father, mother, or husband of the respondent in the contempt case. 

The Single Judge Bench of Justice V.G. Arun passed the Order on finding merit in the contention advanced by the petitioner's counsel that as per Rule 5(a) of the Contempt of Court Rules, the contempt petitioner is only required to provide the name, occupation and full address of the respondent.

The Court considering a contempt petition by Mount Zion College of Engineering, Kadamanitta, against the District Collector of Pathanamthitta Dr. Divya S. Iyer IAS.

Rule 5(a) of the Contempt of Court Rules stipulates that the contempt petition shall contain the "name (including the name of the Father/Mother/Husband), age, occupation, and address of the petitioner, and the name, occupation, and full address of the Respondent"

When the matter was considered on July 11, 2023, the Court had directed the Registry to ascertain the reason for insisting the contempt petitioner to provide the age and name of the father, mother, or husband of the alleged respondent.

It held that even if the objection in that regard had been upheld by another Bench, the Registry would be bound to number the contempt case. 

Advocate Jestin Mathew appeared on behalf of the petitioner college. 

Case Title: Mount Zion College of Engineering, Kadamanitta v. Dr. Divya S. Iyer 

Case Number: CON.CASE(C) NO. 1501 OF 2023

Click Here To Read/Download The Order


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