Mrs. Eureka Joy, D/O Alfred Baptista v. Mr Joy Anthony Payyapply

12.cp.270.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 270 OF 2016 Mrs. Eureka Joy Payyapply ..Petitioner Vs.

Mr. Joy Anthony Payyapply ..Respondent Ms. Pinky Bhansali, for the Petitioner.

Mr. Parth Sarkar, for the Respondent.

CORAM:-K. K. TATED & B. P. COLABAWALLA,JJ.

DATE :- APRIL 5, 2018.

P. C.:

Heard. By this Contempt Petition the Petitioner prays that the Respondent fails and neglected to comply the orders dated 31st March, 2016 and 4th May, 2016 passed by this Court in Civil Application No.336 of 2015 in Family Court Appeal No. 197 of 2015 in respect of payment of maintenance charges.

The learned counsel for the Petitioner submits that in view of subsequent development that during the pendency of the present Contempt Petition, the Respondent complied the orders dated 31st Aswale 1/2

12.cp.270.16.doc March, 2016 and 4th May, 2016, nothing survives in the present Contempt Petition.

The learned counsel for the Petitioner submits that the Petitioner already received maintenance charges up to 31st March, 2018 @ 25,000/- p.m. She submits that in view of subsequent development, she received instructions not to press this Contempt Petition. Hence, the following order:- a) Contempt Petition stands disposed of in view of subsequent development.

b) The notice issued by this Court by order dated 8th August, 2016 under Rule 9 (1) of the Contempt of Courts (Bombay High Court) Rules, 1994 is discharged.

c) All contentions of both parties in respect of calculation of maintenance charges is kept open.

d) All ad-interim, interim orders passed by this Court in Contempt Petition stand vacated. No order as to costs. ( B. P. COLABAWALLA, J. ) ( K. K. TATED, J. ) Aswale 2/2