How to file a contempt petition?

712 votes

Contempt petition is all together a new proceeding. If you feel and are factually correct that opposite side is misguiding the Hon'ble Court and intentionally delaying the matter, you may file an additional affidavit stating all these facts of delay in handing over original papers to you and press for cost being imposed on other side for delay and contempt of court. Also alternatively file Contempt petition in court. You will have to obtain certified copy of order and annex it to your petition.

LawRato LawRato

943 votes

You can't draft and send letter to Court. You should have to file contemp petition in Court in person or through Lawyer.
You are not stated your query about maintenance. What is the order passed by Court and against whom.
What types of document Court ordered to provide you.If it is a maintenance Order.Then it can be obtained from Court.

Advocate Sandeep Shamrao Pingale LawRato

584 votes

Hello,
First pre requisit of filing any contempt proceeding is to give a legal notice to the contempnor before initiating legal action. If he fails to comply with the legal notice then you can proceed with filing of the contempt. Kindly mail the copy of order of which you are alleging contempt to get a detailed reply .

Thank you

Advocate Ranjeet Singh Gahilot LawRato

832 votes

1. Firstly , The Contempt Petition file under as - The memorandum of Contempt Petition is filed Under Section 11 and Section 12 of the Contempts Of Court .

2. Secondly , Checkedout the jurisdiction of court which the cause of action where arose ? When arose ? Why arose ? How arose ? & then file the Contempt Petition .

3. I think you satisfied with the answer , Please rating me on lawrato for increasing my rating star .

4. Thanking you in Advance .

LawRato LawRato

288 votes

Filing a contempt petition is a legal recourse to address violations of court orders or disobedience of court directives. Here are the steps involved in filing a contempt petition:

1. Eligibility to File: Generally, any party to a case, an advocate, or a person affected by the court's order can file a contempt petition. However, it's crucial to have a direct interest in the matter.
2. Consult with a Lawyer: While it is possible to file a contempt petition without a lawyer, it is advisable to consult with a legal expert who can guide you through the process and ensure that your case is strong.
3. Draft the Petition: Prepare a clear and concise petition that outlines the details of the court order that was violated, the alleged contemnor (person responsible for the violation), and the nature of the violation.
4. Supporting Documents: Gather all relevant documents, including copies of the court order, proof of violation, and any correspondence related to the matter.
5. Affidavit: Usually, an affidavit is attached to the contempt petition, where you provide a sworn statement detailing the facts of the case.
6. Filing the Petition: File the contempt petition in the same court that issued the original order. Ensure you follow the court's specific filing procedures and pay any required fees.
7. Service of Notice: Serve notice of the contempt petition to the alleged contemnor. This can be done through registered post or in accordance with court rules.
8. Court Appearance: Attend court hearings as scheduled and present your case. It's important to provide evidence to prove the contempt of court.
9. Contempt Proceedings: The court will conduct contempt proceedings to determine if contempt has occurred. The alleged contemnor has the opportunity to defend themselves.
10. Penalties: If the court finds contempt, it can impose penalties, including fines or imprisonment, depending on the seriousness of the violation.
11. Appeal: Either party can appeal the court's decision if they are dissatisfied with the outcome.

It's essential to remember that filing a contempt petition is a legal process that should be handled carefully. Consulting with a lawyer ensures that you follow the correct legal procedures and present a strong case before the court

Advocate Chikirsha Mohanty LawRato