Law: Contempt of Courts Act (XII of 1926)

Section: 2, 3

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 18th April 1966, in Criminal Original No.154 of 1965). Contempt of Courts Act (XII of 1926), ----Ss. 2 & 3-Contempt of Court-Alleged contemner found to have merely refused to accept service of notice but otherwise not using any contumacious language nor ill-treating process-server-person, held, did not in an v way bring authority and dignity of law into disregard and contempt and therefore not guilty of contempt of Court. Date of hearing:15th May 1970. JUDGMENT WAHIDUDDIN AHMAD, J.-This appeal by special leave is directed against the order of a learned Single Judge of the High Court of West Pakistan, Lahore, in Criminal Original No. 154 of 1965 dated the 18th April 1966, whereby the appellant was held guilty of contempt of Court and was reprimanded. The appellant is the husband of Mst. Sultana, respondent. Their relations are estranged and they are living separately. Respondent Mst. Sultana moved an application under section 25 of the Guardians and Wards Act against the appellant claiming custody of her minor children Amer and Saira. Along with the main application she also moved an application under section 12 of the Guardians and Wards Act for interim custody of her minor '1 children. On the 2nd December 1965, the learned Guardian Judge, issued notice to the appellant directing him to produce his two minor children in Court on the 3rd December 1965. This notice was presented to the appellant in the Court premises. After read ing the notice presented to him by the process-server at about 3-45 p.m., he refused to accept the same. Thereupon, the respon dent moved an application in the High Court under sections 2 and 3 of the Contempt of Courts Act, 1926, alleging that the appellant has committed contempt of the Guardian Court and he be punished for the same. Notice was issued to the appellant who opposed the application and denied having committed the contempt of the said Court. He alleged that he was not present in the Court compound and he was not present in Lahore on the 2nd December 1965 and did not refuse to accept the service. The parties were allowed to…