Supreme Court Seeks Explanation From Chief Judicial Magistrate For Prima Facie Violation Of Its Order

The Bench of Justices J.K Maheshwari and Sanjay Karol was hearing the matter arising out of a marital dispute. The Court had ordered the payment of a particular amount with respect to final maintenance. Apart from this, the Court had also ordered the proceedings between both parties to be suspended. This included the complaint filed for criminal intimidation.

However, despite the Supreme Court suspending the proceedings, the CJM continued the proceedings, following which the police officers visited the house of the wife in Chandigarh for arrest.

Taking a serious view of this, the Court ordered :

“Prima facie, we find that the order passed by this Court is violated, therefore, it is necessary to ask the explanation of the Chief Judicial Magistrate, Patiala House Courts, New Delhi,(through the District and Sessions Judge, Patiala House Courts, New Delhi) as to how after the suspension of the proceedings in NCR 04/24.03.2024, reports have been sought, for which the police officers visited the house of the petitioner at Chandigarh for their arrest.,” the Court said.

Besides this, the Court also sought a response from Sub Inspector Mr Hemant and Head Constable Ms Poonam (who visited the petitioners' house for arrest), working under the control of Mr R.P.Upadhaya, Special Commissioner of Police, Special Cell, Delhi Police.

These responses are to be filed by tomorrow and the matter is listed for hearing on August 14. The Court also recorded the respondent/ husband's statement that the maintenance amounts had been deposited as per the directions.

Related - Supreme Court Holds Police Inspector & Magistrate Guilty Of Contempt For Arrest & Remand Of Accused Violating SC Order