Prakash Eknath Dheple v. Palak N. Jamadar And Others

2024:BHC-AUG:12942 cp 588.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 CONT. PETITION NO. 588 OF 2024 IN REVN/61/2022 Prakash Eknath Dheple

VERSUS

Palak N. Jamadar And Others ...

Advocate for the Petitioner : Mr. R C Bora CORAM : S. G. CHAPALGAONKAR, J.

Dated : July 02, 2024 PER COURT :- 1.

Heard Mr. Bora, learned advocate appearing for the petitioner.

2.

Mr. Bora, would invite attention of this Court to the order dated 18.8.2022 passed by this Court in Criminal Revision application No.61 of 2022 by which the order passed by the Family Court, Aurangbaad in Misc. Application No.47 of 2019 and 1 of 2019 were quashed and set aside and the matter was remitted back to the Judge Family Court, Aurangabad for decision afresh by granting an opportunity to both the parties.

3.

He would submit that, although, order of the Family Court dated 14.1.2022 was quashed and set aside, respondent continued to make application for execution of that order and Family Court entertained such applications.

cp 588.24.odt 4.

On specific query by this Court as regards to further progress in the matter after remand from this Court, Mr. Bora submit that, again applications of the respondent for grant of maintenance have been allowed vide order dated 28.4.2023. Perusal of the further record shows that family Court issued warrant for recovery of the amount on 10.10.2023. It is apparent that warrant for recovery of the amount is issued after the second order passed by the Family Court dated 28.4.2023. In that view of the matter, there is nothing to draw inference of violation of any directions given by this Court. Consequently, there is no merit in the contempt petition. Contempt petition stands dismissed.

( S. G. CHAPALGAONKAR, J. ) ...

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