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Bombay High CourtCP/12/2017dismissed

Shrutika R Surana Nee Shruitika Mahendra Parekh v. Rishab Y Surana And ORS

2018-03-12Hon'Ble Smt. Justice Bharati Dangre3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.12 OF 2017 Shrutika R.Surana Nee Shrutika Mahendra Parekh ... Petitioner Vs.

Rishab Y. Surana and ors.

... Respondents --- Mr. R.V.Govilkar, Mr.Mihir Govilkar with Ms.Shaba Khan for the Petitioner.

Mr.A.R.Patil for Respondent No.3-State.

--- CORAM : SMT. BHARATI H.DANGRE, J.

DATE : MARCH 12, 2018.

P.C.:

.

The contempt jurisdiction of this court is invoked seeking a relief that the undertaking given before the Family Court to supply the correct copies of the Petition has been disregarded and the learned counsel for the Petitioner has placed on record as many as four copies of the Writ Petition and one affidavit. Perusal of the copies of Writ Petition, which are allegedly supplied to the Petitioner before this court contains certain discrepancies and it appears that either the affidavit is not supplied or documents accompanying thereto are not supplied. The learned counsel would submit that an attempt was made to

invite attention of the Judge of the Family Court to the said aspect of the matter and even statement came to be made before the learned lower court that an application would be preferred seeking the certified copy of the petition, thereupon the learned Judge of the Family Court expressed that there is no need of the certified copy and directed to supply complete copy of the Petition. The said directions, which were not reduced into writing are alleged to be flouted and not complied with. 2.

On perusal of the Petition filed by the Petitioner, it appears that there are discrepancies in the copies of the Petition. However, this court is of the opinion that unless and until it is established that the copies which are supplied are manipulated or supplied in a manner causing prejudice to the Petitioner with a willful intention to mislead, thereby resulting into interference in the process of administration of justice, the Jurisdiction of this court under the Contempt of Courts Act, can not be invoked. However, interest of justice would be served if the Petitioner makes an application for certified copy and the Family Court issue such a copy within a period of 15 days. No case is made out for interference and contempt jurisdiction of this court. Contempt

Petition is dismissed.

(SMT. BHARATI H. DANGRE,J.)