← Library
Bombay High CourtCP/102/2020dismissed

Mrs. Nosrat Rasekhinejed And ANR. v. Mrs. Fatima (Shahvaaz) Abbasali Rasekhijed

2021-03-15Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice Virendrasingh Gyansingh Bisht2 pages

13-cp102-20.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.102 OF 2020 IN CIVIL APPLICATION NO.189 OF 2019 IN FAMILY COURT APPEAL NO.59 OF 2019 Mrs.Nosrat Rasekhinejad & Anr.

...Petitioners

V/s.

Mrs.Fatima (Shahvaaz) Abbas Ali

...Respondent

Ms.Seema Sarnaik with Ms.Sangeeta Salvi for the Petitioners. Mr.Prasad Shenoy i/b Mr.Nausheen Yusuf for the Respondent. CORAM : R.D. DHANUKA & V.G. BISHT, JJ.

DATE : 15TH MARCH, 2021.

P.C. :- 1.

We have heard learned counsel for the parties. The contempt petition is filed by the petitioner inter-alia praying for an appropriate action against the respondent for allegedly committing contempt of the order passed by this Court on 23rd August, 2019 in Civil Application No.189 of 2019 on the ground that the respondent had allegedly not furnished the current address of the respondent. 2.

We have perused the affidavit in reply filed by the respondent and more particularly paragraph 7(a) and the documents annexed to the said reply which indicates that the respondent has not 1/2

13-cp102-20.doc changed her address. The petitioner was fully aware of the said address mentioned in the said paragraph. Statements made in the affidavit in reply are accepted.

3.

In our view, no case is made out for initiation of action under the Contempt of Courts Act, 1971. The contempt petition is accordingly dismissed. There shall be no order as to costs. 4.

We have not gone into the other allegations and the counter allegations made by the parties against each other. (V.G. BISHT, J.) (R.D. DHANUKA, J.) Vasant A. Idhol by Vasant A. Idhol Date: 2021.03.16 11:29:02 +0530 2/2