A Single Judge while hearing a collateral proceedings cannot override a judgment of a Division Bench between the same parties and such order will be without jurisdiction and Corum non judice. Therefore the findings and directions contrary to the Division Bench must be disregarded. The above directions were issued while hearing a contempt proceedings for non compliance of the Order made by the Division Bench in HCP for sending the minor twin boys who are US citizen to United States wherein the Court noticed that the single judge in a connected CRP proceedings held that Division Bench Order is not valid and granted the interim custody to the mother.
A Single Judge while hearing a collateral proceedings cannot override a judgment of a Division Bench between the same parties and such order will be without jurisdiction and Corum non judice. Therefore the findings and directions contrary to the Division Bench must be disregarded. The above directions were issued while hearing a contempt proceedings for non compliance of the Order made by the Division Bench in HCP for sending the minor twin boys who are US citizen to United States wherein the Court noticed that the single judge in a connected CRP proceedings held that Division Bench Order is not valid and granted the interim custody to the mother.
