IN RE: PERRY KANSAGRA versus IN RE: PERRY KANSAGRA

IN RE: PERRY KANSAGRA versus IN RE: PERRY KANSAGRA

The contemnor deliberately and with clear intention breached solemn undertakings and orders of this Court, suppressed material developments (including the Kenyan High Court order dismissing registration), obstructed visitation and communications, and invoked foreign proceedings to challenge enforceability of Indian orders; these acts constituted both civil contempt (willful disobedience and breach of undertakings) and criminal contempt (obstructing administration of justice and lowering the authority of the Court). Accordingly, the contemnor was convicted and sentenced to imprisonment and fined as set out in the orders.

Parties
Contemnor: Perry Kansagra; Respondent: Smriti Kansagra
Jurisdiction
India
Judgment Date
03 November 2022
Procedural Posture
Suo Motu Contempt Petition (civil) No. 3 of 2021 / Sentencing
Outcome
Perry Kansagra convicted of civil and criminal contempt and sentenced
Legal Topics
Civil Contempt, Criminal Contempt, Undertakings to Court, Mirror Order/registration, Child Custody, Article 129
Contempt of Court Constitutional Law Family Law Private International Law Civil Contempt Criminal Contempt Undertakings to Court Mirror Order/registration +2 more

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Parties

Perry Kansagra

Contemnor

Smriti Kansagra

Respondent

Procedural Posture

Suo Motu Contempt Petition (civil) No. 3 of 2021 / Sentencing

Legal Issues

  1. 1 Whether Perry Kansagra wilfully disobeyed the Supreme Court's orders and undertakings thereby committing civil contempt
  2. 2 Whether Perry Kansagra's acts of suppressing material and invoking foreign proceedings obstructed administration of justice and lowered the authority of the Supreme Court thereby constituting criminal contempt
  3. 3 What punishment is appropriate for the contemnor

Ratio Decidendi

The contemnor deliberately and with clear intention breached solemn undertakings and orders of this Court, suppressed material developments (including the Kenyan High Court order dismissing registration), obstructed visitation and communications, and invoked foreign proceedings to challenge enforceability of Indian orders; these acts constituted both civil contempt (willful disobedience and breach of undertakings) and criminal contempt (obstructing administration of justice and lowering the authority of the Court). Accordingly, the contemnor was convicted and sentenced to imprisonment and fined as set out in the orders.

Court Disposition

Perry Kansagra convicted of civil and criminal contempt and sentenced

Orders

  • Perry Kansagra sentenced to simple imprisonment for six months for civil contempt and ordered to pay a fine of Rs.12,50,000; in default to undergo further simple imprisonment for one month
  • Perry Kansagra sentenced to simple imprisonment for six months for criminal contempt and ordered to pay a fine of Rs.12,50,000; in default to undergo further simple imprisonment for one month