Smt. Manisha Nigam v. Somanshu Nigam)

2. Heard Sri Aditya Tiwari, learned counsel for the appellant and Sri Aadi Nigam, learned counsel for the opposite party.

3. This contempt appeal has been filed under Section 19 of Contempt of Court Act, 1971 against the order dated 28.10.2025 passed by this Court in Contempt Application (Civil) No.3812 (CAPL) of 2024 (Smt. Manisha Nigam vs. Somanshu Nigam) with the punishment of two months and fine of Rs.2,000/-.

4. The learned Contempt Court has passed an order dated 28.10.2025 in the aforesaid contempt application, which reads as under:- "1. Heard.

2. The present contempt application has been preferred against non-compliance of interim order dated 12.12.2023 passed in Criminal Revision No.1268 of 2023, the relevant portion of the order is quoted hereinbelow: "As this is a revision against final order dated 16.10.2023 passed on the application under Section 125 Cr.P.C. Neither the original file nor the certified copy of the statements of the witnesses have been placed before the court. Therefore, it is not possible to hear the revision today. Trial court record be summoned. List on 08.01.2024 for disposal. 2 CONA No. 5 of 2025 However, the revisionist is directed to pay the monthly amount of maintenance of Rs. 10,000/- per month regularly, as ordered by the trial court vide order dated

16.10.2023, on 5th day (if holiday on next working day) of each month to his wife. Regarding arrears of maintenance, the revisionist is directed to pay the same in three equal installments each to be paid on 5th day of every alternative month starting from January, 2024."

3. Learned counsel for the applicant has submitted that initially the trial court vide order dated 16.10.2023 had directed for payment of maintenance of Rs.10,000/- per month regularly and the arrears in three equal installments. The respondent filed the criminal revision against the order dated 16.10.2023 in which on 12.12.2023 the interim order has been granted which is quoted above. Despite the order passed by the trial Court and the interim order in the criminal revision filed by respondent, the respondent has not paid even a single penny after 12.12.2023 i.e. the maintenance of Rs.10,000/- per month regularly and the arrears. In the compelling circumstances the applicant has preferred the present contempt application in which time to time the orders have been passed. On 1st September, 2025 the time was granted and the case was fixed for 15.09.2025. On 15.09.2025 due to non-compliance of the order, the charge was framed against the respondent - Somanshu Nigam. The respondent has filed his reply / explanation to the charge on 12.10.2025. The applicant has been moving applications for exemption from appearance on the medical ground and on the undertaking of the counsel for the respondent that he will appear on the next date fixed, the Court twice granted time by allowing the exemption application preferred by the respondent. Today again another application has been moved for exemption from appearance on medical ground.

4. It is further submitted that the applicant has neither paid maintenance nor arrears in pursuance of the interim order dated 12.12.2023 and is liable to be punished under Section 12 of the Contempt Act, 1971.

5. On the other hand, learned counsel for the respondent has submitted that the respondent is not in a position to pay such a huge amount of Rs.10,000/- per month regularly as his income is only Rs.6,000/- from all sources and he is ready to pay the maintenance after the final decision in the criminal revision preferred by the respondent and till the final decision in the criminal revision he is not in a position to make any payment to the applicant.

6. It is further submitted that the applicant is earning more than the respondent. This submission of the learned counsel for the respondent could not be decided or seen in the contempt proceedings and as per admitted case of the learned counsel for the respondent, this ground was taken in the criminal revision and despite this ground the interim order has been passed.

7. It is further submitted that despite best efforts the Criminal Revision could not be 3 CONA No. 5 of 2025 taken up and it is still pending.

8. After hearing learned counsel for the parties and going through the record and reply of the respondent to the charge framed by this Court, the position which emerges out is that after the charge was framed the respondent has chosen not to appear before this Court. The Court accommodated him twice on the undertaking of his counsel that on the next date he would appear but today for third time the application has been moved for exemption from appearance which is turned down for the reason that the respondent has not made any effort to make payment to the applicant as directed by the interim order passed in the Criminal Revision and since 12.12.2023 he has not paid even a single penny to the applicant.

9. The submission of the learned counsel for the respondent that he is ready to pay the maintenance but after the final decision in the criminal revision is not tenable in the eyes of law as the interim order dated 12.12.2023 is still in existence and is in operation. The respondent has not enclosed any document to show that what steps he had taken for early disposal of the criminal revision. The non- compliance of the interim order passed by the Revisional Court dated 12.12.2023 is willful and intentional, for which the respondent is liable to be punished under Section 12 of the Contempt Court Act, 1971.

10. Accordingly, the respondent - Somanshu Nigam is awarded a sentence of two months simple imprisonment and a fine of Rs.2000/-.

11. The amount of fine shall be deposited within one month and he shall surrender before the C.J.M. Kanpur Nagar to serve the sentence within two weeks from today. In case he does not surrender within the time given above, the C.J.M. Kanpur Nagar shall cause him to be arrested to serve the sentence.

12. In view of the facts and discussion made hereinabove, the Contempt Application is allowed.

13. The Registry is directed to send the copy of this order to the C.J.M. Kanpur Nagar."

5. At the very outset, Sri Aditya Tiwari, learned counsel for the appellant has stated that due to financial crunch the appellant could not comply with an interim order dated 12.12.2023 passed by this Court in Criminal Revision No.1268 of 2023. He has further submitted that having bonafide intention to comply the aforesaid interim order two Demand Draft bearing No.207009 dated 31.10.2025 amounting to Rs.1,00,000/- and Demand Draft No.207014 dated 11.11.2025 amounting to Rs.2,25,000/-, issued from State Bank of India, have been prepared in the name of Manisha Nigam, in favour of 4 CONA No. 5 of 2025 whom an interim order was passed. He has further submitted that the aforesaid Demand Drafts may be given to the learned counsel for the opposite party and the direction may be issued to decide the pending criminal revision with expedition.

6. Sri Tiwari has further submitted that since in compliance of an interim order, for which the Hon'ble Contempt Court has passed the order dated

28.10.2025, is bonafide and unintentional and he is making compliance of an interim order providing the aforesaid two Demand Drafts so the order dated

28.10.2025 passed by the Hon'ble Contempt Court may be set aside and the punishment, so awarded in paras-10 and 11 of the contempt order, may be kept in abeyance.

7. Learned counsel for the opposite party has stated that though it was deliberate and intentional contempt of interim order being passed by the Hon'ble Revisional Court but the appellant is providing two Demand Drafts to the tune of Rs.3,25,000/- so any appropriate order may be passed. He has also stated that the direction may be issued to the effect that the pending criminal revision be decided with expedition.

8. Having heard learned counsel for the parties and having perused the material available on record as well as two Demand Drafts given by the learned counsel for the appellant, we find it appropriate that the punishment so awarded to the appellant vide paras-10 and 11 of order of learned Contempt Court dated 28.10.2025 may be set aside having expectation that if the Criminal Revision No.1268 of 2023 is listed before the learned Revisional Court, the parties shall not take any unnecessary adjournment in such proceedings and shall try their level best to get the aforesaid criminal revision decided/ disposed of with expedition.

9. In view of the above, both the aforesaid Demand Drafts are being handed over to the learned counsel for the opposite party, he shall give receiving on the photocopy of the Demand Draft and the photocopy of Demand Drafts is taken on record on the hard-copy of the appeal.

10. It is expected from learned counsel for the parties to argue the criminal revision on the date fixed and they shall not take any unnecessary adjournment in the aforesaid criminal revision. The learned Criminal Revision Court is requested to dispose of the aforesaid criminal revision with expectation. 5 CONA No. 5 of 2025

11. Accordingly, the present contempt appeal is hereby allowed only for the aforesaid reasons inasmuch as we have not entered into merits of the order of learned Contempt Court. Therefore, if in case, the appellant flouts any further direction being issued by the learned Revisional Court, it will be open for the opposite party to take appropriate legal recourse before the Competent Court of law. In view of the above, the punishment so awarded by the learned Contempt Court in paras-10 and 11 of order dated 28.10.2025 shall be kept in abeyance. (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) November13,2025 Suresh/ SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

2. Heard Sri Aditya Tiwari, learned counsel for the appellant and Sri Aadi Nigam, learned counsel for the opposite party.

3. This contempt appeal has been filed under Section 19 of Contempt of Court Act, 1971 against the order dated 28.10.2025 passed by this Court in Contempt Application (Civil) No.3812 (CAPL) of 2024 (Smt. Manisha Nigam vs. Somanshu Nigam) with the punishment of two months and fine of Rs.2,000/-.

4. The learned Contempt Court has passed an order dated 28.10.2025 in the aforesaid contempt application, which reads as under:- "1. Heard.

2. The present contempt application has been preferred against non-compliance of interim order dated 12.12.2023 passed in Criminal Revision No.1268 of 2023, the relevant portion of the order is quoted hereinbelow: "As this is a revision against final order dated 16.10.2023 passed on the application under Section 125 Cr.P.C. Neither the original file nor the certified copy of the statements of the witnesses have been placed before the court. Therefore, it is not possible to hear the revision today. Trial court record be summoned. List on 08.01.2024 for disposal. 2 CONA No. 5 of 2025 However, the revisionist is directed to pay the monthly amount of maintenance of Rs. 10,000/- per month regularly, as ordered by the trial court vide order dated

16.10.2023, on 5th day (if holiday on next working day) of each month to his wife. Regarding arrears of maintenance, the revisionist is directed to pay the same in three equal installments each to be paid on 5th day of every alternative month starting from January, 2024."

3. Learned counsel for the applicant has submitted that initially the trial court vide order dated 16.10.2023 had directed for payment of maintenance of Rs.10,000/- per month regularly and the arrears in three equal installments. The respondent filed the criminal revision against the order dated 16.10.2023 in which on 12.12.2023 the interim order has been granted which is quoted above. Despite the order passed by the trial Court and the interim order in the criminal revision filed by respondent, the respondent has not paid even a single penny after 12.12.2023 i.e. the maintenance of Rs.10,000/- per month regularly and the arrears. In the compelling circumstances the applicant has preferred the present contempt application in which time to time the orders have been passed. On 1st September, 2025 the time was granted and the case was fixed for 15.09.2025. On 15.09.2025 due to non-compliance of the order, the charge was framed against the respondent - Somanshu Nigam. The respondent has filed his reply / explanation to the charge on 12.10.2025. The applicant has been moving applications for exemption from appearance on the medical ground and on the undertaking of the counsel for the respondent that he will appear on the next date fixed, the Court twice granted time by allowing the exemption application preferred by the respondent. Today again another application has been moved for exemption from appearance on medical ground.

4. It is further submitted that the applicant has neither paid maintenance nor arrears in pursuance of the interim order dated 12.12.2023 and is liable to be punished under Section 12 of the Contempt Act, 1971.

5. On the other hand, learned counsel for the respondent has submitted that the respondent is not in a position to pay such a huge amount of Rs.10,000/- per month regularly as his income is only Rs.6,000/- from all sources and he is ready to pay the maintenance after the final decision in the criminal revision preferred by the respondent and till the final decision in the criminal revision he is not in a position to make any payment to the applicant.

6. It is further submitted that the applicant is earning more than the respondent. This submission of the learned counsel for the respondent could not be decided or seen in the contempt proceedings and as per admitted case of the learned counsel for the respondent, this ground was taken in the criminal revision and despite this ground the interim order has been passed.

7. It is further submitted that despite best efforts the Criminal Revision could not be 3 CONA No. 5 of 2025 taken up and it is still pending.

8. After hearing learned counsel for the parties and going through the record and reply of the respondent to the charge framed by this Court, the position which emerges out is that after the charge was framed the respondent has chosen not to appear before this Court. The Court accommodated him twice on the undertaking of his counsel that on the next date he would appear but today for third time the application has been moved for exemption from appearance which is turned down for the reason that the respondent has not made any effort to make payment to the applicant as directed by the interim order passed in the Criminal Revision and since 12.12.2023 he has not paid even a single penny to the applicant.

9. The submission of the learned counsel for the respondent that he is ready to pay the maintenance but after the final decision in the criminal revision is not tenable in the eyes of law as the interim order dated 12.12.2023 is still in existence and is in operation. The respondent has not enclosed any document to show that what steps he had taken for early disposal of the criminal revision. The non- compliance of the interim order passed by the Revisional Court dated 12.12.2023 is willful and intentional, for which the respondent is liable to be punished under Section 12 of the Contempt Court Act, 1971.

10. Accordingly, the respondent - Somanshu Nigam is awarded a sentence of two months simple imprisonment and a fine of Rs.2000/-.

11. The amount of fine shall be deposited within one month and he shall surrender before the C.J.M. Kanpur Nagar to serve the sentence within two weeks from today. In case he does not surrender within the time given above, the C.J.M. Kanpur Nagar shall cause him to be arrested to serve the sentence.

12. In view of the facts and discussion made hereinabove, the Contempt Application is allowed.

13. The Registry is directed to send the copy of this order to the C.J.M. Kanpur Nagar."

5. At the very outset, Sri Aditya Tiwari, learned counsel for the appellant has stated that due to financial crunch the appellant could not comply with an interim order dated 12.12.2023 passed by this Court in Criminal Revision No.1268 of 2023. He has further submitted that having bonafide intention to comply the aforesaid interim order two Demand Draft bearing No.207009 dated 31.10.2025 amounting to Rs.1,00,000/- and Demand Draft No.207014 dated 11.11.2025 amounting to Rs.2,25,000/-, issued from State Bank of India, have been prepared in the name of Manisha Nigam, in favour of 4 CONA No. 5 of 2025 whom an interim order was passed. He has further submitted that the aforesaid Demand Drafts may be given to the learned counsel for the opposite party and the direction may be issued to decide the pending criminal revision with expedition.

6. Sri Tiwari has further submitted that since in compliance of an interim order, for which the Hon'ble Contempt Court has passed the order dated

28.10.2025, is bonafide and unintentional and he is making compliance of an interim order providing the aforesaid two Demand Drafts so the order dated

28.10.2025 passed by the Hon'ble Contempt Court may be set aside and the punishment, so awarded in paras-10 and 11 of the contempt order, may be kept in abeyance.

7. Learned counsel for the opposite party has stated that though it was deliberate and intentional contempt of interim order being passed by the Hon'ble Revisional Court but the appellant is providing two Demand Drafts to the tune of Rs.3,25,000/- so any appropriate order may be passed. He has also stated that the direction may be issued to the effect that the pending criminal revision be decided with expedition.

8. Having heard learned counsel for the parties and having perused the material available on record as well as two Demand Drafts given by the learned counsel for the appellant, we find it appropriate that the punishment so awarded to the appellant vide paras-10 and 11 of order of learned Contempt Court dated 28.10.2025 may be set aside having expectation that if the Criminal Revision No.1268 of 2023 is listed before the learned Revisional Court, the parties shall not take any unnecessary adjournment in such proceedings and shall try their level best to get the aforesaid criminal revision decided/ disposed of with expedition.

9. In view of the above, both the aforesaid Demand Drafts are being handed over to the learned counsel for the opposite party, he shall give receiving on the photocopy of the Demand Draft and the photocopy of Demand Drafts is taken on record on the hard-copy of the appeal.

10. It is expected from learned counsel for the parties to argue the criminal revision on the date fixed and they shall not take any unnecessary adjournment in the aforesaid criminal revision. The learned Criminal Revision Court is requested to dispose of the aforesaid criminal revision with expectation. 5 CONA No. 5 of 2025

11. Accordingly, the present contempt appeal is hereby allowed only for the aforesaid reasons inasmuch as we have not entered into merits of the order of learned Contempt Court. Therefore, if in case, the appellant flouts any further direction being issued by the learned Revisional Court, it will be open for the opposite party to take appropriate legal recourse before the Competent Court of law. In view of the above, the punishment so awarded by the learned Contempt Court in paras-10 and 11 of order dated 28.10.2025 shall be kept in abeyance. (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) November13,2025 Suresh/ SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench