Asked April 23, 2017

Pending case in Foreign Court

  • 1 Answer

My son in law a USA citizen filed divorce suit in which he submits that Indian judiciary,police,administration and doctors are corrupt and can do anything for money.My question is do I have a legal remedy against it in Indian courts like contempt or Indian courts do not have jurisdiction on what is said in USA courts?

Answer 1

Under Section 2(c) of the Contempt of Courts Act of 1971, criminal contempt has been defined as the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which: (i) Scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court, or (ii) Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding, or (iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner. 

This act by your son in law does seem to be an act of criminal contempt under (i) and (ii). However, under under Section 20 of the Contempt of Courts Act of 1971 , there is a  limitation period of one year from the date on which the contempt is alleged to have been committed. Furthermore, your son in law is a foreigner and made those statements in a foreign court which is outside the jurisdiction of Indian courts, thus limiting chances of Indian courts to take any effective action. However, you may try filing an writ affidavit  under Article 226 of the Constitution to a High Court with the help of any experienced lawyer and request them to use their inherent powers under Section 482 CrPC to issue contempt of court charges against him by submitting evidence that he made those statements that lowered the reputation of Indian judicial authorities. 

Agree Comment 0 Agrees over 4 years ago

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