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Judgment
Antony Dominic, J.—A matrimonial appeal, to which the Petitioner and Respondents were parties, was settled by Annexure A1 judgment. Clause (iii) of paragraph 2 of the said judgment reads as follows:
iii. Sri. Venunathan Nair submits that in case he gets any ancestral property from his mother, the same will be settled in the name of the children and the children can enjoy the same after his death. It is also submitted that in case Sri. Venunathan Nair has any other property that will also accrue to the benefit of the children Arunkumar and Ajithkumar after his death.
In this petition it is alleged that contrary to the aforesaid terms of settlement, the second Respondent has alienated her property by Annexure A4. According to the Petitioner, such a document has been executed only to defeat the terms of Annexure A1 and thus, the Respondents have committed contempt of court as defined under the Contempt of Courts Act warranting proceedings against them.
However, from Clause (iii) of Annexure A1 extracted above, we notice that the undertaking as provided therein binds only the first Respondent, whereas the property belonged to the second Respondent. Therefore, she is not bound by the aforesaid terms of settlement. In Cont. Case.146/11 such circumstances, even if she has alienated her property, such a transaction cannot be said to be in terms of settlement incorporated in Annexure A1. Therefore, we are unable to see any act on the part of the Respondents warranting proceedings under the Contempt of Courts Act.
This Contempt Petition is only to be dismissed and we do so.