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Bombay High CourtCONP/7/2017disposed off

Aditi Mhatre v. Sachin Ramesh Mhatre

2021-09-21Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice G. A. Sanap2 pages

skn 1 6-COMP-7.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CONTEMPT PETITION NO. 7 OF 2017 Aditi Mhatre.

...

Petitioner.

V/s.

Sachin Ramesh Mhatre.

...

Respondent.

J.K.Shah with Shashidhar Shenoy i/b. Prakash Mahadik for the Petitioner.

Mrs.M.M.Deshmukh, APP for the Respondent- State. CORAM :

NITIN JAMDAR AND G.A. SANAP, JJ.

DATE :

21 September 2021.

P.C. :

This contempt petition is pending at the stage of admission since July 2017.

Digitally signed by SANJAY KASHINATH NANOSKAR Date:

2021.09.22 16:57:07 +0530 SANJAY KASHINATH NANOSKAR 2.

The Petitioner, who is wife of the Respondent, has referred to various judicial orders passed in the proceedings between the Petitioner and the Respondent arising out of matrimonial dispute and has sought the following prayer:

(a) This Hon'ble Court may hold the Respondent guilty of committing criminal Contempt of Court and initiate appropriate action against him under the

skn 2 6-COMP-7.2017.doc Contempt of Courts Act, 1971 for indulging in acts including continuously making false, scandalous, derogatory and unwarranted allegations against the different Learned Judges, behaved aggressively and insultingly in Court; resorting to abusing, threatening and insulting the Advocate/s of the Petitioner and interfering with the administration of justice.

3.

We note that in the judicial orders passed in the proceedings between the parties, the Courts have already taken note of the behavior of the Respondent and has made comments upon the same. Considering the orders already passed wherein the Courts have taken necessary action whenever the Courts felt it proper to do so, we do not deem it necessary to proceed in the criminal contempt jurisdiction of this Court. A request of the learned counsel for the Petitioner for adjournment on the ground that the parties are likely to settle the dispute is not relevant in the context of the jurisdiction that we are called upon to exercise.

4.

The contempt petition is disposed of.

3.

We, however, make it clear that disposal of contempt petition is in the above circumstances and in view of the observations already made in the judicial orders, and it does not mean that we have, in any way, condoned the conduct of the Respondent noted in the judicial orders.

(G.A. SANAP, J.) (NITIN JAMDAR, J.)