Delhi HC drops contempt proceedings against father who used abusive language in court after accepting apology
Sep 13, 2024
New Delhi [India], September 13 : The Delhi High Court dropped contempt proceedings against a man who was frustrated after separation from his son after accepting an apology.
During a hearing, he used abusive language in trial court.
Division bench of Justices Prathiba M Singh and Amit Sharma dropped the contempt proceedings against the contemnor after accepting apology by subject to depositing Rs. 25000 to the Delhi High Court Legal Service Committee with a week.
"Keeping in mind the overall facts and circumstances, this court accepts the apology of the contemnor subject to the condition that the contemnor shall deposit a sum of Rs. 25,000 to the Delhi High Court Legal Services Committee within 1 week," the division bench ordered on September 11.
The Division Bench observed that the conduct of the Contemnor, though completely unbecoming, appears to have taken place in a circumstance of frustration and in the midst of a matrimonial spat with his wife where his son's custody was also involved.
This Court is of the opinion that the contemnor may not have had any intention to show disrespect to the court.
The contemnor has admitted, in a moment of anger and frustration, had misbehaved with the learnt Family Court, the High court noted.
The contemnor had filed an affidavit cum reply before the High Court.
The High Court said that there can be no doubt that a litigant cannot be allowed to indulge in contemptuous conduct against a court.
However, a perusal of the affidavit filed shows that the said conduct occurred at a time when the son of the contemnor was being separated from him, it observed.
"Such moments could be traumatic and emotional moments for a father that it is believable that he may have lost control and misbehaved.
The contemnor clearly did not intend to cause disrespect or impede the administration of justice," the High court said.
The High court also clarified that the power of contempt, specifically criminal contempt, ought to be exercised sparingly as the Court is not personally involved in such matters and can be compassionate and empathetic to such circumstances, especially when the contemnor is expressing remorse.
The contemnor was involved in a legal battle with his wife and matter was at Karkardooma Court.
In the said affidavit, the contemnor has sought to explain the circumstances that led to his misbehaviour. He, however, stated that he has great remorse and real contrition for his conduct.
