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Bombay High CourtCP/226/2019

Mrs. Lina Alex v. Mr. Alex Mathew

2020-02-12Hon'Ble Shri Justice Nitin W. Sambre2 pages

(6) 226-19.doc BDP-SPS Bharat D.

Pandit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by Bharat D.

Pandit Date:

2020.02.17 10:30:57 +0530 CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.226 OF 2019 IN CRIMINAL REVISION APPLICATION NO.56 OF 2011 Mrs. Lina Alex ..... Petitioner.

V/s Mr. Alex Mathew ..... Respondent.

Mr. Rohan Cama i/b Mr. Anand Pande for the Petitioner. Mr. Alex Mathew, Respondet in person present. CORAM: NITIN W. SAMBRE, J.

DATE: FEBRUARY 12, 2020 P.C.:- 1] In addition to pending execution proceedings, learned Counsel for the Petitioner, on instructions from the Petitioner who is present in Court, states that the Petitioner shall initiate fresh composite execution proceedings based on the order of payment of maintenance passed by the Family Court.

2] Liberty is granted to the Petitioner to move such execution proceedings, which Family Court is directed to decide expeditiously. 3] In view of above and without prejudice to rights of the 1/2

(6) 226-19.doc Petitioner, present contempt proceedings are not pressed. Needless to clarify that this Court has not examined rights of rival parties and Family Court is expected to deal with the execution proceedings, as observed hereinabove expeditiously.

4] In future, in case if it is noticed that Respondent is intentionally avoiding to pay maintenance, liberty is granted to the Petitioner to move before the Court in appropriate proceedings. 5] With the above observations, Contempt Petition is disposed of as not pressed.

( NITIN W. SAMBRE, J. ) 2/2