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High Court of Punjab and HaryanaCOCP/3465/2023dismissed

Sanjiv Kumar v. Mamta

2023-11-201 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH  

 

 

Date of Decision: 20.11.2023 Sanjiv Kumar

...Petitioner

Vs.

Mamta

...Respondent

CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Present

Mr. Umesh Aggarwal, Advocate for the petitioner. *** SANJEEV PRAKASH SHARMA, J.(Oral) 1.

The petitioner by way of this contempt petition seeks implementation of order passed by the Family Court dated 15.04.2023. 2.

This Court finds that the said order stands merged with the order dated 12.09.2023, whereby the petition under Section 13-B of the Hindu Marriage Act, 1955, was dismissed.

3.

Learned counsel submits that the undertaking was given by his wife to appear in the petition filed under Section 13-B of the Act, wherein initially he paid a sum of Rs.2,00,000/-. The payment of Rs.2,00,000/- had been disputed by the wife.

4.

This Court in COCP-2912-2023, titled Seema Gyanchandani vs. Rahul Gyanchandani, decided on 16.11.2023, has held that contempt would not lie directly before the High Court with regard to implementation of the orders passed by the Family Court.

5.

In view thereof, the contempt petition is dismissed. However, dismissal of the contempt petition will not take away the right of the petitioner to avail his appropriate remedy, in accordance with law. (SANJEEV PRAKASH SHARMA) JUDGE 20.11.2023.

rajesh  hether speaking/reasoned?

:

Yes/No

2. Whether reportable?

:

Yes/No RAJESH KUMAR 2023.11.24 17:16 I attest to the accuracy and authenticity of this order/judgment. Punjab & Haryana High Court, Chandigarh.