Yadnesh Govind Pawar v. Kashmira Yadnesh Pawar

59- CP 594-2024.doc V.A Tikam IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION VAISHALI ANIL TIKAM CONTEMPT PETITION NO. 594 OF 2024 Yadnesh Govind Pawar .. Petitioner

Versus

Mrs. Kashmira Yadnesh Pawar .. Respondent by VAISHALI ANIL TIKAM Date: 2024.11.27 17:36:39 +0530 ....................

 Ms. Latika Chitre i/b. Mr. Rohan Deshmukh, Advocates for the Petitioner.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : NOVEMBER 27, 2024.

P.C.:

1.

Heard Ms. Chitre, learned Advocate for the Petitioner. 2.

Issue notice to the Respondent made returnable on 4 December, 2024.

3.

I have perused the impugned order dated 14 May, 2024 passed below Exhibit 46 which is the subject matter of the present Contempt Petition. It is the submission of the Petitioner, who is the father of the child that breach is to the effect that the Respondent mother is not allowing the father to maintain any contact whether on phone or video call or otherwise through visitation, despite the interim order passed by the Court.

4.

In her usual fairness, she would draw my attention to the impugned order and more specifically paragraph No.10 wherein it is

59- CP 594-2024.doc observed by the Court that the said order is challenged by both the parties before the Sessions Court and the said challenge has not been determined as yet and is pending. However, in view of the grievance made by the learned Advocate on behalf of Petitioner, I am inclined to issue notice to the Respondent. Respondent shall take notice and present herself or through her advocate before this Court on the next adjourned date in view of the specific grievance stated by the Petitioner delineated hereinabove. If the interim order requires and directs visitation rights, then unless it is stayed by any superior Court, the Respondent will have to abide by the said order. Hence, I need to hear the Respondent.

5.

Humdust permitted. Private notice permitted.

6.

In addition to Court's notice, Petitioner is directed to serve copy of the Contempt Petition along with copy of this order on the Respondent and inform them about the next date of hearing by any permissible mode of service and file appropriate affidavit of service with tangible proof thereof on or before the next date. 7.

After receiving the notice, Respondent to file affidavit-inreply on or before the next date, if so desired with an advance copy to the Advocate for Petitioner. Rejoinder if any shall be filed on or before the next date.

[ MILIND N. JADHAV, J. ]