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Bombay High CourtCP/244/2024disposed off

Safeena Mustakim Khan Sarguroh @ Safeena Abdul Kadir Choughuley v. Mustakim Daud Khan Sarguroh

2024-04-12Hon'Ble Justice Sharmila U. Deshmukh2 pages

7 Cp-244-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 244 OF 2024 Safeena Mustakim Khan Sarguroh

...Petitioner.

Versus

Mustakim Daud Khan Sarguroh

...Respondent.

------ Mr. S. S. Butala for the Petitioner.

------ Coram : Sharmila U. Deshmukh, J.

Date : April 12, 2024.

P. C. :

1.

By this petition, contempt is alleged of the orders dated 11th July 2017 and 3rd November 2018 passed by the JMFC, Chiplun. The orders of which contempt is alleged are the orders directing the payment of maintenance to the Petitioner. Admittedly, these orders were passed under the provisions of Protection of Women from Domestic Violence Act, 2005 and the provisions of Code of Criminal Procedure, 1973 provide for the enforcement of such orders. In the present case, it is not demonstrated that any steps had been taken by the Petitioner for the enforcement of the orders passed by the JMFC. That apart, after the lapse of period of 7/8 years, the present contempt petition has been filed.

Patil-SR 1 of

7 Cp-244-2024.doc 2.

As there is delay in filing the contempt petition and the orders of maintenance can be executed by adopting appropriate remedies, I am not inclined to entertain the contempt petition. Contempt petition stands dismissed.

[Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 15/04/2024 14:20:13